ET used wrong pool for comparison

Cumming v British Airways Plc provides an example of how to identify the correct pool for comparison in indirect discrimination cases. C was a female member of British Airways aircrew. BA had a policy that members of crew who took parental leave under the Maternity and Parental Leave etc Regulations 1999 would have one paid rest day removed for each three days’ parental leave taken in any monthly roster.

Cumming v British Airways Plc provides an example of how to identify the correct pool for comparison in indirect discrimination cases. C was a female member of British Airways aircrew. BA had a policy that members of crew who took parental leave under the Maternity and Parental Leave etc Regulations 1999 would have one paid rest day removed for each three days’ parental leave taken in any monthly roster. She claimed that this policy involved indirect discrimination on grounds of sex because a higher proportion of women took parental leave than men and that the policy therefore put women at a “particular disadvantage”. It was common ground that the appropriate “pool” for comparison was all crew members (both male and female) who had childcare responsibilities, but the ET rejected the claim on the basis that all crew members (whether male or female) who took parental leave would lose the paid rest day(s). Wrong said the EAT. Not all crew members with childcare responsibilities would necessarily take parental leave and the proper comparison was between the impact of the policy on women with childcare responsibilities and the impact on men with childcare responsibilities.

Read more

Latest News

Read More

Revealed – unbelievable real workplace safety fails

3 July 2025

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Queen Mary University of London – Health and Safety DirectorateSalary: £43,677 to £51,040 per annum This provides summary information and comment on the subject areas

University of Cambridge – Human Resources DivisionSalary: £33,482 to £39,355 per annum This provides summary information and comment on the subject areas covered. Where employment

University of Cambridge – Department of PathologySalary: £35,116 to £45,413 per annum This provides summary information and comment on the subject areas covered. Where employment

University of Exeter – PS ConnectSalary: The starting salary will be from £27,644 per annum pro rata on Grade D, depending on qualifications and experience.

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE