Sue Ashtiany rounds up recent developments in sex discrimination, sick pay policy, equal treatment and disciplinary procedure

The decision of the Court of Appeal in Madrassy v Nomura Bank [2007] EWCA Civ 33 provides important guidance on the burden of proof in discrimination cases. Ever since the burden of proof had formally reversed, following the implementation of Directive 97/80/EC, courts and tribunals have struggled with its precise implication.

The directive has been transposed into the amended Sex Discrimination Act at section 63A(2) which reads “where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this section, conclude in the absence of an adequate explanation that the respondent has committed an act of discrimination… the tribunal shall uphold the complaint unless the respon...

Jean Yves

IICJ

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