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Is It Sex Discrimination?

Posted by: admin    Tags:      Posted date:  January 3, 2012

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The recent case of Chief Constable of Hamshire v Haque has raised questions as to what is direct sex discrimination.

It overturned a tribunal order that it had been sex discrimination to call a nursing mother on maternity leave to a disclipinary hearing. The applicant had in fact attended but said that facilities were unsuitable and claimed to be at a disadvantage.

The decision said that each case must be on its own facts and that the Tribunal should have looked at the particular circumstances.

A Tribunal must establish what the reason is for the disadvantageous treatment. Behaviour may be unreasonable without being disriminatory.