Contents tagged with Discrimination

  • 3 Things We Learnt In Law This Week (7 February 2019)

    Tags: Government, Consultation, Maternity Leave, Redundancy, Brexit, Discrimination, Court of Appeal, Equal Pay, Equality Act, Modern Slavery, Modern Slavery Act 2015, Annual Report

    Consultation On Extending Redundancy Protection For New Parents

    A recent study by the Department for Business, Energy and Industrial Strategy found that one in nine returning to work after maternity leave were fired, made redundant, or treated in a manner which forced them to leave their job. The study also found that as many as 54,000 women per year are losing their jobs as a result of their pregnancy or maternity leave.

    With Brexit fast approaching, Theresa May is said to be "determined to do even more as we leave the EU", including by building on the current EU requirements on maternity and paternity leave protection.

    The government is now seeking views on plans to help protect new mums returning to work from the risk of redundancy. Currently, new mothers have additional … more

  • 3 Things We Learnt In Law This Week (31 January 2019)

    Tags: Employment Law, Employment Tribunal, Discrimination, Sexuality, Sexual Orientation, Unfair Dismissal, Gross Misconduct, Disability, Reasonable Adjustments

    Employee Was Not Unfairly Dismissed Over Offensive Facebook Posts About Director

    An employee’s “extremely derogatory” social media posts about his boss’s generosity in awarding a Christmas bonus did not justify the employer’s failure to give him notice pay when he was dismissed, the Manchester Employment Tribunal has ruled.

    Benson’s Vending dismissed Darren Atherton for gross misconduct without notice after a string of social media posts in which he told his manager to stick his Christmas gift “where the sun doesn’t shine”.

    Atherton had been employed by the vending machine company from April 2012. The ET heard managing director Ken Haselden had a practice of giving a discretionary Christmas bonus gift to employees. These gifts … more

  • 3 Things We Learnt In Law This Week (13 December 2018)

    Tags: 3 Things, Employment Law, UKEmpLaw, Veganism, Philosophical Belief, Discrimination, Deliveroo, Collective Bargaining, Unfair Dismissal, Constructive Unfair Dismissal

    Is veganism a “philosophical belief” that should be protected by law?

    An employment tribunal is being asked to decide whether veganism is a “philosophical belief” and therefore, should be protected by law.

    The landmark case, which is listed for March 2019, will help determine whether veganism is a “philosophical belief” and therefore, should be legally protected.

    The case concerns Mr Jordi Casamitjana, who says he was sacked by the League Against Cruel Sports, after disclosing it invested pension funds in firms involved in animal testing. 

    The BBC reports that the League Against Cruel Sports says Mr Casamitjana was dismissed for gross misconduct. However, Mr Casamitjana claims he was discriminated against because of his veganism.

    If the … more

  • Don’t Let Vicarious Liability Hex You This Halloween

    Tags: Discrimination, Vicarious Liability, Harassment, Employment Law, Halloween, UKEmpLaw

    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

  • Our All New 5 Step Guide to Reducing Sickness Absence in the Workplace and Preventing Discrimination Claims

    Tags: 5StepGuide, SicknessAbsence, Discrimination, MHFAEngland, EqualityAct2010, Workplace, EmploymentLaw, UKEmpLaw, CommercialLitigation, CommercialDispute

    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

  • 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

  • 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

  • Don’t Get Spooked By Employment Law This Halloween

    Tags: Employment Law, Employment Tribunal, Halloween, UKEmpLaw, October, Misconduct, Absence Management, Discrimination

    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

  • Calendar women and men; discrimination at work

    Tags: Discrimination, Employment Law, Employment Tribunal, Calendars

    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

  • Discrimination claims and uncapped awards

    Tags: Discrimination, Grievance process, Employment Law, Employment Tribunal

    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

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  • How To Manage Workplace Relationships

    Tags: Sex Discrimination, Victimisation, Sexual Harassment, Employment Law, Human Resources, Valentine's Day, Workplace Relationships, Romantic Relationships

    With Valentine’s Day making February the month for romance, this month we take a look at some of the potential risks to employers when romance blossoms amongst employees and the steps that can be taken to address these.

    Why Should An Employer Be Concerned About Its Employees Forming Romantic Relationships In The Workplace?

    Romantic relationships between employees in the same organisation can expose the employer to a number of legal risks. These are most likely to arise when one employee is pursuing another to start a relationship or, even more so, when the relationship breaks down. The most obvious legal risks are as follows:

    Sexual Harassment

    This occurs where one employee engages in unwanted conduct of a sexual nature which has the purpose or effect either of violating … more

    

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