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Perspective: Allen – the correct test of justification for indirect discrimination?
The EAT decision in GMB v Allen, in which it allowed the union’s appeal against the tribunal’s finding that it had indirectly discriminated against female members, must have come as a relief to the GMB and other unions. However, employment law consultant editor Darren Newman questions the EAT’s narrow reading of the test of justification for indirect discrimination.
Casenotes
Indirect sex discrimination: GMB v Allen
Where, on the facts, the EAT was satisfied that the means used to attain a legitimate objective were, in effect, determined by the nature of that objective, it could not be said that the means were disproportionate.
Constructive dismissal: GAB Robins (UK) Ltd v Triggs
An employer’s mishandling of its grievance procedure is not subject to a “range of reasonable responses” test where it is relied on only as the “last straw” in a constructive dismissal case. Where illness caused by breach of mutual trust and confidence culminating in constructive dismissal arises prior to the date of dismissal, post-dismissal loss of earnings owing to continuing incapacity are recoverable in an unfair dismissal action.
Equal pay: South Tyneside Metropolitan Borough Council v Anderson and others
Employees and their comparators who worked at different establishments, but whose contractual terms and conditions were derived from the same collective agreement, were in the same employment within the meaning of s.1(6) of the Equal Pay Act 1970.
Case digest
Disability discrimination
Tina McKevitt, solicitor and lecturer in law, rounds up recent disability discrimination cases.
Model policies and documents
Voluntary redundancy policy
Use this document to provide a non-contractual framework for managing voluntary redundancies where there is a genuine need to implement redundancies.
Letter regarding deadline for voluntary redundancy applications
Use this letter to inform employees that the deadline for applying for voluntary redundancy has passed and no further applications can be accepted, or to extend the deadline.
Letter informing of outcome of a voluntary redundancy application
Use this letter to inform an applicant for voluntary redundancy whether or not the application has been accepted.
Invitation to a meeting to discuss employee’s voluntary redundancy
Use this document to invite an employee who has been accepted for voluntary redundancy to a meeting to discuss the termination terms.
Agreement setting out terms for voluntary redundancy
Use this document to set out the terms applicable to the termination of an individual’s employment following acceptance of his or her application for voluntary redundancy.
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