Providing discrimination is notoriously difficult not least due to the often complete absence of any evidence of the reason why the person acted. People rarely accept that the real reason for their action was due to the protected characteristic.
In the case O’Brien v Bolton St Catherine’s Academy the Claimant had been absent from work for over a year. It was not clear when she would be fit to return to work. She was dismissed on account of her capability/absence.
The rules governing Shared Parental Leave (SPL) are now in force. Here is a summary of the fiendishly complex rules and regulations that apply to SPL and shared parental pay.
In the recent case of Gareddu v London Underground, the Employment Appeal Tribunal (“EAT”) wrestled with the thorny issue of time off to attend religious festivals or other religious observance.