Labour & European Law Review
02 June 2011
The Department for Education last week announced plans which it claims will reduce “the bureaucracy that controls how schools manage teacher performance and deal with poorly performing teachers”.
If a contract is, in itself, illegal, employees cannot bring a claim alleging breach of contract. In Allen v Hounga, the Employment Appeal Tribunal (EAT) confirmed that as Ms Hounga was aware that her contract was illegal, she could not bring a claim of unfair dismissal or any other contractual claim but she could succeed in a claim of race discrimination.
Section 2(2) of the 1975 Sex Discrimination Act provides that a man cannot complain of sex discrimination because of the "special treatment afforded to women in connection with pregnancy or childbirth". In Eversheds v De Belin, however, the Employment Appeal Tribunal (EAT) said that the “special treatment” provisions are limited to what is proportionate.