Labour & European Law Review
21 July 2011
Following its decision earlier this year not to extend the right to request time off for training to employees in small to medium-sized enterprises (SMEs), the government has now announced that it will retain the right for employees in large organisations.
The Disability Discrimination Act (DDA) distinguishes between direct discrimination (less favourable treatment on the grounds of disability) and disability-related discrimination (less favourable treatment for a reason relating to the person’s disability). In JP Morgan Europe Ltd v Chweidan, the Court of Appeal said that Tribunals cannot uphold a finding of direct discrimination while dismissing a claim for disability-related discrimination in similar circumstances.
Under domestic legislation, anyone bringing an equal pay claim has to show they are in the “same employment” as their comparator; EU law says they have to show a “single source” for their pay. In Beddoes v Birmingham City Council, the Employment Appeal Tribunal (EAT) said there was no need to comply with the “single source” test as well as the “same employment test” when making a claim under the Equal Pay Act (EqPA).