Contents tagged with Equality Act 2010
Tribunal Awards NHS Manager £1m In Racial Discrimination Case
A former NHS trust manager who was unfairly dismissed and suffered racial discrimination has been awarded a reported £1 million by London South Employment Tribunal.
Richard Hastings, an IT manager at King's College NHS Foundation Trust, was dismissed for gross misconduct in October 2015 after he was accused of assault following a dispute with a van driver in his workplace car park.
The ET ruled the investigation into the incident was “fundamentally flawed” due to unconscious racial bias.
It found that opportunities to collect further evidence to support Hastings’ claims of innocence were repeatedly missed and that Hastings – who was of African Caribbean origin – was treated less … more
Allegations of workplace bullying are difficult for an employer to deal with because bullying can be hard to recognise and define. In this article we look at how employers can best handle a bullying grievance.
What does someone mean when they say they are “being bullied”? It’s something which is very much in the eye of the beholder – one person’s robust management style is another’s bullying, and the employer faces the unenviable task of adjudicating where the line between acceptable and unacceptable behaviour lies. While most people will agree what constitutes bullying in extreme cases, there is a grey area in the middle which may cause more debate.
It’s an easy word for an employee to throw out in the heat of the moment, “she’s … more
Disabled Shop Worker Wins Tribunal Award From M&S Over Lift Key
An Employment Tribunal (ET) has made an award of £1,000 against Marks and Spencer after a delay in providing a disabled shop worker with a lift key to allow him to reach the toilets more easily.
In Mitchell v Marks and Spencer plc, the ET held that the employer breached its duties under section 20 and section 21 of the Equality Act 2010 to make reasonable adjustments for disabled workers.
Mr Mitchell has a disability that requires him to go to the toilet frequently. He reached the second-floor staff toilets using the goods lift, the stairs, or a combination of the escalator and the stairs.
An operation meant that Mr Mitchell anticipated more frequent toilet visits. He said that both before and … more
UK Government Annouces New Code Of Practice To Tackle Workplace Sexual Harassment
A new statutory Code of Practice will be developed by the Equality and Human Rights Commission in order to guide employers on their legal responsibilities regarding sexual harassment in the workplace. This was one of 12 actions recently announced by the UK government as it makes confronting workplace harassment a priority.
The announcements are in response to the July 2018 recommendations of the UK Women and Equalities Committee, which called for (1) putting sexual harassment at the top of the UK government’s agenda; (2) requiring regulators to take a more active role in tackling harassment; (3) making enforcement processes work better for employees by setting them out in the Code; (4) … more
Does an Employee Have a Right to a Statement of Employment Particulars When Employed for Less Than 2 Months?
Yes, if they have worked continuously for at least 1 month, held the EAT in Stefanko and others v Maritime Hotel Ltd.
The Claimants were all employed as waiting staff by the Maritime Hotel. They all had relatively short periods of employment of a few months. One Claimant, Ms Woronowicz, was only employed for 6 weeks. She succeeded in a claim for automatically unfair dismissal. She had complained of a failure to provide either a payslip or statement of employment particulars.
The ET declined to increase that award under Section 38 Employment Act 2002, as Ms Woronowicz did not have 2 months' continuous employment; 2 months being the amount of time given by section 1(2) Employment … more
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
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
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
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
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