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

  • 8 Tips to Help Improve Gender Equality in Your Organisation

    Tags: Equality Act 2010, Equality and Diversity, Gender Pay Gap, Equality

    Here are 8 tips to help you to improve gender equality in your organisation.

    1 - Reassess Your Job Requirements 

    Companies that aren’t hiring women for senior roles should consider what barriers they’ve constructed that prevents women from filling them. 

    2 - Expand the Applicant Pool 

    If the goal is a diverse workplace the pool of job candidates needs to be diverse as well. 

    3 - Rethink Your Interview Process 

    All candidates should be asked the same questions. If possible, questions should be phrased the same way as well, as different wording can elicit different answers.

    4 - Make Sure All Employees Have the Same Access to Opportunity 

    Organisations should have processes and training in place, so all employees meet the same standards and … 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

  • 8 Tips to Help Improve Gender Equality in Your Organisation

    Tags: Equality Act 2010, Employment Law, Equality and Diversity, UKEmpLaw, Gender, Gender Equality

    Here are 8 tips to help you to improve gender equality in your organisation.

    1 - Reassess Your Job Requirements 

    Companies that aren’t hiring women for senior roles should consider what barriers they’ve constructed that prevents women from filling them. 

    2 - Expand the Applicant Pool 

    If the goal is a diverse workplace the pool of job candidates needs to be diverse as well. 

    3 - Rethink Your Interview Process 

    All candidates should be asked the same questions. If possible, questions should be phrased the same way as well, as different wording can elicit different answers.

    4 - Make Sure All Employees Have the Same Access to Opportunity 

    Organisations should have processes and training in place, so all employees meet the same standards and … more

  • 8 Step Guide to Help Reduce the Risk of Discrimination in the Workplace

    Tags: Discrimination, Equality Act 2010, Employment Law, Employment Tribunal, Workplace, UKEmpLaw, Guide

    Discrimination is a complex and sensitive area of the law as set out in the Equality Act 2010 (EQA). It covers all areas of employment including job advertisements, the recruitment process, terms and conditions of work, conduct during employment and even at ‘work do’s’. The EQA also covers dismissals and work-related matters arising after employment has ended, for example giving references.

    Employers usually bear the brunt of its employee’s discriminatory actions which can end up costing their business a fortune as a result of litigation. To make matters worse for employers, the amount of compensation that a claimant can receive if their claim is successful in the Employment Tribunal (ET) has no limit. For this reason it is far better to avoid giving rise to a … more

  • What Information Do You Need From Your New Starters?

    Tags: Equality Act 2010, Recruitment, Employment Law, Employment Tribunal, UKEmpLaw

    Recently, I have been asked many questions regarding the law surrounding recruitment, so I thought I would give employers 5 top tips that will help them stay on the right side of the law when taking on a new employee.

    1.       The first piece of advice is in relation to the application form - only ask for information relevant to the position you are offering. Most employers use a standard application form asking for the usual details including previous positions and employers, education and relevant training courses, contact information and 2 referees.

    2.       During the interview stage - you are entitled to ask candidates about unspent convictions. However candidates are generally not under an obligation to give details … 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

LATEST LEGAL UPDATES:

  • What To Do When An Employee On Maternity Leave Wants To Go Part-Time?

    Tags: Maternity Leave, Employment Law, UKEmpLaw, Flexible Working Request

    A full-time employee on maternity leave has requested to return part-time. How do you handle the situation and what are the risks if you refuse? 

    Remember that all eligible employees can make a flexible working request. The right is not limited only to parents and carers. However, requests from employees on maternity leave will need to be treated carefully because of the risk of a sex discrimination claim. 

    The statutory scheme is set out in the Flexible Working Regulations 2014 and the Employment Rights Act. It is supported by an ACAS Code and by an ACAS Guide.

    First Steps

    Check that the employee’s request contains all the information necessary to amount to a formal request and that the employee has worked for you continuously for 26 weeks at the date on which they … more

    

Reviews and Ratings for solicitor Samira Cakali, Leeds