||All England Reporter
|| All ER (D) 53 (Aug)
||Employment Appeal Tribunal
Judge Birtles, Ms K Bilgan and Sir A Graham
||John Horam (instructed by JST Mackintosh, Liverpool) for the employee.
||Simon Gorton (instructed by Weightmans, Liverpool) for the school.
||11 August 2005
Employment - Discrimination against a woman - Act of discrimination - Tribunal dismissing employee's complaint of sex discrimination - Tribunal failing to consider failure by employer to provide employee with relevant information relating to pay review process as result of her absence on maternity leave - Whether tribunal in error.
The employment tribunal had failed to understand or address the failure of the respondent employer to provide relevant information relating to its salary review process to the employee while she was absent on maternity leave. That information had been made available to other employees who had been advanced on the pay scale and therefore gave rise to sex discrimination. Accordingly, there had been an error of law on the part of the tribunal and the employee's appeal against the dismissal of her complaint of sex discrimination would be allowed.
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