Contents tagged with Equality Act 2010

  • Samira Cakali Qualifies as a Mental Health First Aider

    Tags: Mental Health, Mental Health First Aider, MHFA, Sickness Absence, Training, Disability Discrimination, Equality Act 2010, Employment Law, HR, ukemplaw

    In August our Samira Cakali qualified as a Mental Health First Aider (‘MHFA’). In this article she discusses the scheme and how having a Mental Health First Aider could vastly improve your business and have a positive impact on the amount of disability claims that land on your desk. 

    Why is mental health awareness in the workplace so important?

    Mental ill health is the biggest reason for sickness absence and by far the largest cost to employers across the UK. Investing in staff wellbeing saves money in the long run - workplaces that prioritise mental health have more engaged, productive and loyal employees, who are less likely to need time off sick. 

    What does the training involve?

    MHFA is a two-day training course. The course is based around a five-step action … more

  • SCE Solicitors Celebrates Manchester Gay Pride

    Tags: ManchesterGayPride, Pride, PrideParty, LGBT, Diversity, Diverse, Workforce, Discrimination, Equality Act 2010, Equal Opportunities, ProtectedCharacteristics

    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

  • What "Positive Action" is Permitted Under Discrimination Legislation?

    Tags: Positive Action, Positive Discrimination, Equality Act 2010, Section 158, Section 159, Disadvantage, Disability, Characteristic, EmploymentLaw, ukemplaw

    A key difference between positive action and positive discrimination is that positive action is lawful, provided that the employer meets the conditions set out in section 158 or 159 of the Equality Act 2010, whereas positive discrimination, generally, is not lawful.  

    In the context of recruitment, unlawful positive discrimination would be where an employer recruits a person because he or she has a relevant protected characteristic rather than because he or she is the best candidate. It is also unlawful, for example, to set quotas to recruit or promote a specific number or proportion of people with a particular protected characteristic. However, there are circumstances in which it is lawful to require a job applicant to have a particular protected characteristic, for example … more

  • LEGAL UPDATE: Failure to Provide Enhanced Share Parental Pay is NOT Sex Discrimination

    Tags: Shared Parental Leave, Shared Parental Pay, Maternity Leave, Paternity Leave, Pregnancy, Employment Tribunal, Employment Appeal Tribunal, Equality Act 2010, Direct Sex Discrimination

    The Employment Appeal Tribunal (“EAT”) has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.  

    In the case of Capita Customer Management Ltd v Ali, the EAT overturned the Employment Tribunal’s (“ET”) decision which had found sex discrimination on the basis that the claimant, who was planning to take shared parental leave, was entitled to compare himself with a woman taking maternity leave as they accepted that the main purpose of both types of leave was to care for the child. 

    In this case, female employees were entitled to maternity pay comprising 14 weeks’ basic pay followed by 25 weeks’ statutory … more

  • Ensuring your Workplace Offers an Inclusive and Supporting Environment for Trans Employees

    Tags: Discrimination, Equality Act 2010, Employment Law

    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

  • Disability Discrimination: Employer Knowledge of Disability

    Tags: Equality Act 2010, Disability Discrimination, Employment Law, Employment Tribunal

    An employer’s duty to make reasonable adjustments for a disabled employee only arises where the employer knows, or is reasonable expected to know, that the relevant employee is suffering from a disability, and so as a result is likely to be placed at a substantial disadvantage.

    However establishing such knowledge on the part of the employer is not always a clear cut exercise. A question posed recently to the Court of Appeal (“CA”) in the case of Gallop v Newport City Council concerned whether or not an employer could rely solely on an Occupational Health Report in deciding whether an employee is disabled.

    The present case of Mr Gallop was decided under the old Disability Discrimination Act 1995 legislation, by virtue of his initial claim having been lodged prior to … more

  • Balancing religion in the workplace

    Tags: Eweida, Chaplin, Ladele and McFarlane, Faith Symbols, Equality Act 2010, Employment Law, Discrimination, Discrimination because of Religion and Belief, Employment Tribunals

    Balancing religious and philosophical needs of employees is becoming a challenge for employers, particularly as recent case law suggests that political beliefs may amount to being a philosophical belief. Therefore the pertinent question is - how far do employers have to go to accommodate an employee’s religious or philosophical belief?

     

    The European Court of Human Rights (ECHR) recently dealt with this question in the high profile case of Eweida, Chaplin, Ladele and McFarlane.

     

    Background

     

    Ms Eweida’s and Ms Chaplin’s complaints related to restrictions placed by their employers on their wearing of a cross visibly around their necks. Ms Ladele and Mr McFarlane complained about sanctions imposed on them by their employers as a result of their … more

  • BIS dates for the 2013 diary

    Tags: BIS, Employment Law, Parental Leave, Collective Redundancy Consultation, Employment Law Reforms, Equality Act 2010, Harassment

    In December 2012, the Department for Business, Innovation and Skills (BIS) published the ‘Fifth Statement of New Regulations’ (‘the Statement’). This document sets out implementation dates for regulatory reforms in 2013.

    The Statement sets out the timetable for, and estimated financial impact of, a range of measures slated for implementation next year. The reforms cover a wide range of areas of law, including energy, planning and development, agriculture, companies and transport. For the purposes of employment law the following dates should be noted in the calendars of all employers:

    In March 2013, BIS intends to bring in the following changes:

    increasing the right to parental leave to 18 weeks (currently at 13 weeks) per parent per child and extend the right … more

  • ECHR freedom of association violated by BNP councillor dismissal

    Tags: Discrimination, Human Rights, Equality Act 2010, Philosophical Belief, Employment Law, Employment Tribunals, Unfair Dismissal

    Employers expect employees and clients from different racial backgrounds, sexual orientation and political beliefs and affiliations to work alongside one another in harmony. However where an employer dismisses an employee on the grounds that their views may amount to being a health and safety risk to their clientele, would that dismissal amount to being fair?

    This was the issue looked at by the ECHR in the recent decision of Redfearn v United Kingdom the European Court of Human Rights.

    Background

    Mr Redfearn, a white British male, was employed by Serco to transport disabled passengers, mainly of Asian origin, in the Bradford area. His employers never received any complaints with Mr Redfearn’s work, until June 2004 when he was elected as a councillor for the British National … more

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LATEST LEGAL UPDATES:

  • Clearing the Air on Commercial Disputes

    Tags: Commercial Litigation, Commercial Disputes, Contract, Time Limits, Breach of Contract, Court, Remedies, Damages, Specific Performance, Rescission

    Navigating your way through a commercial dispute can be time consuming and stressful. Disruption caused to your business and the impact on managerial time can be costly.

    Commercial disputes are becoming increasingly commonplace, and therefore it is essential that businesses obtain strategic advice as soon as possible in any dispute so that they can minimise the impact on the business.

    Generally speaking, the law takes the view that a contract is formed between parties when one party makes an offer to another who accepts the offer. The parties have to be certain as to the terms of the contract, there has to be an intention to create a contract and there has to be ‘consideration’ i.e. there has to be some value.

    A contract does not need to be in writing or signed for it to … more

    

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