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No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)

No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)
Published on: 05 May 2021
Published by: LexisPSL
  • No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)
  • What are the practical implications of this decision?
  • What is the relevant background?
  • Relevant law
  • Background facts
  • Decision of the employment tribunal
  • Decision of the EAT
  • What did the Court of Appeal decide?
  • Case details

Article summary

Employment analysis: A failure to pay an allowance due to a mistaken belief that the allowance constituted ‘pay’ and was therefore not payable during the latter part of a police constable’s maternity leave, did not amount to direct sex discrimination. It was the claimant’s unavailability for work that was the reason for non-payment and the fact that her absence would not have occurred ‘but for’ her maternity leave was not determinative of the issue, according to the Court of Appeal. or take a trial to read the full analysis.

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