This week, Simon, David, and Imogen discuss the case of Miss Allen v Primark Stores Limited.

We discuss the Claimant’s successful appeal to the EAT and the decision that in claims for indirect discrimination, the comparison pool should be matched to the relevant provision, criterion, or practice (PCP).

The case involved the Claimant making a flexible working request and having a requirement imposed on her to guarantee her availability to work the late shift on Thursdays each week.

The Claimant argued that this put her, as a woman, at a substantial disadvantage given her childcare responsibilities, having made the flexible working request on maternity leave in advance of her return to work.

The Claimant subsequently resigned, claiming constructive (unfair) dismissal and indirect sex discrimination.

We discuss the implications of the EAT’s finding, having now been remitted for re-hearing.