Contents tagged with Equality Act 2010

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

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

    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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  • Seasonal Workers: Key Contractual Issues for Employers

    Tags: Employment Status, ukemplaw, Seasonal Workers, Contractual Issues, Fixed-term, Pat-time, Casual workers, Agency workers, Young persons, EmploymentLaw

    In sectors such as hospitality, tourism, retail and agriculture, seasonal peaks can bring an influx of work at certain times of the year. A common solution for employers in these sectors is to recruit additional employees during these periods. Below we set out the key contractual considerations for employers to bear in mind when hiring seasonal employees. 

    Fixed-term employees

    An individual recruited to cover seasonal work may be taken on for a limited period of time. A fixed-term contract is therefore often used, with that contract ending on a specific date or on completion of a particular project.

    An individual employed on a fixed-term contract is protected against less favourable treatment compared to permanent employees. For example, if an employer excludes the fixed-term … more

    

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