Contents tagged with Discrimination
Halloween is upon us, and we here at SCE Solicitors are getting into the spooky spirit by hosting a Halloween Party. If you are like us, and want to have scare-fest this October, make sure your henchmen know how to behave to ensure you are not held vicariously liable for their dastardly deeds.
In simple terms, vicarious liability means being held liable for the acts or omissions of someone else. As an employer, your relationship with your employee is capable of giving rise to vicarious liability.
You can be held vicariously liable for acts of discrimination, including harassment, committed by your employees during the course of employment. During the course of employment includes at any parties or events you are holding for your staff. In the case of Chief … more
Managing sickness absence is a pivotal part of the successful running of your business. Letting sickness absence get out of control can mean that be business is not as productive, or efficient, as it could be. However, mismanagement of sickness absence can lead to a disability discrimination claim which could cost your business thousands of pounds.
Sickness absence rates have a high cost for businesses. Last year there was 70 million days off for stress and anxiety in the UK, which is estimated to have cost businesses between £70 to £100 billion.
Stress is a big contributor to a high staff turnover. MHFA England estimate that 31% of staff confirmed that if the stress level didn’t improve within the next 12 months, they would leave their current position. … more
Having lived in Manchester for a long time, I know that Manchester Pride is a huge event for me and the rest of the Manchester LGBT community. So, to celebrate the upcoming festivities we here at SCE Solicitors celebrated our own diversity with a ‘pride party’. We pride ourselves on being a diverse team, despite our size, and we encourage others to do the same.
Having a diverse workforce is a commercial no-brainer. It allows businesses to use people’s different backgrounds, knowledge, skills and expertise to create an environment where employees can learn from each other and produce innovative ideas. Employees will also feel valued and supported, which increases their productivity. Workplace diversity builds a good reputation for any business. Being known for … more
New research undertaken by ACAS, Supporting Trans Employees in the Workplace, published in August 2017, exposes that employers are failing in their efforts to understand the issues concerning their trans and intersex employees.
Whilst transphobia and discrimination are extensively reported, little research has previously been conducted into the experiences of trans or intersex employees in the UK, which has larger implications for both managers and employees in the workplace.
Legal obligations as an employer:
Gender Reassignment is one of nine protected characteristics covered by the Equality Act 2010 (EQA). The EQA provisions concerning gender reassignment discrimination, harassment and victimisation in the workplace protect a wide range of individuals during all stages … more
It is no surprise that Halloween is one of the holidays that nearly everyone celebrates. Celebrations range from trick or treating, pumpkin carving contests, adult costume contests to parties with alcohol.
For employees’ they all encourage interaction and workplace engagement but for employers’ they all open the door for potential liabilities and concerns. So what are the 5 top legal issues that employers need to be aware of to avoid the scare this Halloween?
1. Discrimination against Pagans
Religion is simply defined by the Equality Act as “any religion”, and does not state the belief has to be a major religion to be protected. Therefore employers must take non-mainstream religions as seriously as they do with the major religions.
In … more
When writing this article, it would have been very easy for us to talk about ‘calendar girls’. When most of us think about risqué calendars in the workplace, we think about scantily clad women. But a browse through many of the calendar stores, most frequently filling the shopping centres each December, shows there are just as many male-equivalent calendars out there.
We’re sure such calendars will have never been a feature in some work places but, for some employers, it’s custom and practice to see such images displayed. Allowing such images to adorn the walls of your workplace is, undoubtedly, discriminatory but for those who are used to seeing such images, the thought probably never enters one’s mind. We therefore … more
The recent headlines in relation to the undisclosed settlement figure between Eva Carneiro and Jose Mourinho and Chelsea Football Club may have been unsettling for some business owners. The prime reason for the large settlement (excluding the issue of reputational damages) was the fact that Ms Carneiro brought claims for sex discrimination (being removed from the first team) and harassment (the use of derogatory language relating to her gender).
Currently compensatory awards for employees succeeding in an unfair dismissal claim are capped at the lower of, 12 months’ pay or £78,962. This brings some comfort to employers who employ high earners. The position is different for discrimination claims where awards are uncapped and, can lead to the demise of a company. … more
Over the last few weeks, a few stories have hit the headlines which have, naturally, sparked the interest of many. These relate to the dress code and appearance requirements of some employers which are potentially discriminatory. Here I take a look at the reported stories and offer insight into why the requirements are potentially discriminatory.
The first of the stories to hit the headlines was that of Nicola Thorp who was sent home by a firm for refusing to wear high heels at work. On her first day as a receptionist, she objected to being required to wear high heels as she would spend the majority of the day on her feet. Ms Thorp was told to either go and purchase some heels or be sent home without pay.
So, it is legal to require staff to wear … more
The 2016 Budget confirmed the Government would introduce the Sugar Tax, in a bid to reduce levels of childhood obesity within the UK. Taxes on ‘fatty foods’ have on the cards for some time but there were mixed reactions. Some thought the tax punished poorer families, some stated it didn’t go far enough, whilst others praised the idea that the money raised from the tax would go to fund school sports.
At the present time, discrimination on the grounds of obesity is not a “Protected Characteristic” under the Equality Act 2010. However, with concerns over the levels of childhood obesity and Public Health England predicting obesity will affect more than 50% of adults by 2050, should it be? There is in fact suggestions that obesity, even … more
In the news last week, a former Specsavers employee won her claim of disability discrimination in the Employment Tribunal after her manager told her to “pull yourself together”. As an employment law solicitor, I often cringe when I hear stories of “what the boss said” or about ‘so-called’ banter in the workplace. This case proves just how easy it is to say the wrong thing or make a naïve comment which lands an employer in court.
In Wickers v Colchester Visionplus Ltd t/a Specsavers Opticians, Ms Wickers had already been on her employer’s radar having received both formal and informal warnings for a dispensing error, lateness and failing to follow the Company’s sickness absence reporting procedure. Ms Wickers later … more