1. Allen v Primark Stores Ltd [2022] EAT 57 (8 April 2022)
2. White v HC-One Oval Ltd [2022] EAT 56 (7 April 2022)
3. Clark v Middleton and Another [2022] EAT 31
4. Nursing and Midwifery Council v Somerville. Court of Appeal, 2022 EWCA Civ 229
In this case, the Employment Appeal Tribunal ("EAT") held that where an employee brings an indirect discrimination claim, the Employment Tribunal (“ET”) must be careful to construct a comparison pool that accurately addresses the provision, criterion or practice ("PCP") pleaded by the Claimant rather than to redefine it.
The Claimant worked for the Respondent as a store department manager. She went on maternity leave and before returning to work, she foresaw issues with childcare responsibilities and her job. In particular, she was concerned that she would be unable to meet the Respondent’s requirement that all department managers guarantee their availability to work late shifts. Before she was due to return to work, she made an application under the Respondent's flexible working policy for a change to her contractual hours. The Respondent did partially accommodate the Claimant's request, but still required her to guarantee availability to work the Thursday late shift every week on the grounds that there was not sufficient flexibility in the management team to accommodate her request to have different hours. The Claimant's childcare difficulties meant that she was unable to guarantee her availability to work those shifts and she...
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