In terms of discrimination, significant findings at the Court of Appeal included that legal protection against disability discrimination extends to a perception that an individual has a progressive condition likely to result in a disability in the future. Another was that it is not unlawful sex discrimination for men to be paid less during periods of shared parental leave than mothers during statutory maternity leave (the Supreme Court will rule on this in 2020).
Holiday-pay cases rumbled on, with the Court of Appeal upholding a ruling that holiday-pay calculations should include pay received for voluntary overtime, rejecting a suggestion that a contractual obligation to work such overtime is required. Further, the Northern Ireland Court of Appeal held that workers do not lose the right to claim historic arrears of holiday pay where there is a gap of more than three months between underpayments. A similar case is due to head to the Employment Appeal Tribunal in 2020.
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