Discrimination. Advocate General Sharpston has given her view that the Pregnant Workers Directive (92/85/EC) should protect workers against dismissal from the moment they become pregnant, even before they have notified their employer of the pregnancy. This appears to be at odds with Article 2(a) of the Pregnant Workers Directive, and as the AG acknowledges, can be unfair to employers. In the UK, the general view is that a woman has no special protection until her employer is aware that she is pregnant. The ECJ’s decision on this issue is therefore awaited with interest.
The Presidents of the Employment Tribunals have issued joint guidance on injury of feelings compensation in discrimination cases, setting out new Vento bands. There is now a lower band of £800 to £8,400, a middle band of £8,400 to £25,200 and an upper band of £25,200 to £42,000.
Employee data and monitoring. The Grand Chamber of the European Court of Human Rights has reversed an earlier ruling, and held that the Romanian courts had failed to protect an employee’s Article 8 privacy rights in relation to the employer’s monitoring of his instant messaging The court sets out factors to be considered when assessing the monitoring of workplace communications.