Contents tagged with Sex Discrimination
An employee who was referred to by a colleague as a “baby farmer” after she returned from maternity leave was unfairly dismissed, a tribunal has ruled.
Miss Hayman started working for Pall-Ex in 2000 as a key account manager. She left the firm but re-joined it in 2007 until her resignation in July 2016.
After re-joining the company, Miss Hayman took several periods of maternity leave, and after maternity leave for her second child returned in November 2010 reporting to a new line manager, Mr Tancock.
Miss Hayman told the tribunal that in the following years, there were a number of incidents in which alleged comments were made about her parental responsibilities, she was scapegoated for losing clients and she was treated unfairly for working part-time hours.
On her return … more
Prison Officer Was Unfairly Dismissed After Revealing Sexuality
Forty-year-old Ben Plaistow was the victim of direct discrimination contrary to provisions of the Equality Act 2010, employment judge Michael Ord told the Cambridge Tribunal.
Plaistow took on a prison officer role at HMP Woodhill in Milton Keynes in September 2014, having sought a transfer from Bullingdon prison.
He was suspended from Woodhill in January 2016 and dismissed in August the same year.
A week after starting his new job, Plaistow was asked by a colleague whether he was gay, because of his haircut. A few days afterwards, at his induction meeting, his boss, custody manager Laithwaite, asked him about his sexuality. Plaistow said he found the question odd but answered honestly by stating he was bisexual. … more
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:
This occurs where one employee engages in unwanted conduct of a sexual nature which has the purpose or effect either of violating … more
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
Olympic Cyclist Jess Varnish Claims Sex Discrimination Against UK Sport and British Cycling
Jess Varnish is suing UK Sport and British Cycling for unfair dismissal and sex discrimination in a case which could transform the entire funding landscape of Olympic and Paralympic sport.
Varnish, who cycled alongside Victoria Pendleton at London 2012, was dropped from the British Cycling programme before the Rio Olympics in 2016.
She alleged bullying and discrimination, specifically that then technical director Shane Sutton said her bottom was "too big" to ride certain roles on the team and that she should go off and "have a baby".
Varnish will challenge the employment status of athletes who are supported by grants from UK Sport, the national funding body.
The 29-year-old will argue … more
Hitting the news last week was the fact that Lucy Ward, former Leeds United employee, had still not received the compensation awarded to her by the employment tribunal months ago. At the time, we reported on her successful claim of unfair dismissal and sex discrimination against the Club. If you missed our article, check it out here.
Unfortunately, Ms Ward is part of a worrying statistic that a high proportion of claimants who are awarded compensation by the employment tribunal do not receive the money. Less than half of all claimants receive their compensation in full, some receive only a small amount of the compensation awarded and over a third receiving absolutely nothing. So, why does this happen?
Pursuing an employment tribunal claim against an … more
An increasing number of employers are receiving requests from women returning from maternity leave to provide them with “breastfeeding facilities” i.e. somewhere to either breastfeed or express and store breast milk. This has raised the issue of whether employers have a ‘legal obligation’ to provide such facilities, and where they are unable to do so, whether they are falling foul of the Equality Act 2010.
Firstly, it may come as a relief to some of you to learn that while the law requires an employer to provide somewhere for a breastfeeding employee to rest (including to lie down), there is no legal requirement to provide breastfeeding facilities. Neither is there a legal obligation to undertake a risk assessment for a breastfeeding mother returning to … more
Employers should ensure no one is treated less favourably, harassed or victimised because of their age, disability, gender reassignment, marriage & civil partnership, pregnancy & maternity, … more
The inherent difficulties of operating a practice day to day are, of course, substantial. One area that can often be neglected in the pursuit of superior quality standards and patient care is HR and employment law issues.
While this question may present no problems when all is running smoothly on the ‘Good Ship Dental Practice’, there is however a wealth of legal issues potentially lurking beneath the surface for the unprepared practice owner and associate alike. So what can go wrong?
The starting point for avoiding problems is naturally when a new starter is issued with their contract of employment or services. This defines most contractual relationships however at present many practice owners provide associate dentists with a contract … more
The answer may well be yes as the recent EAT’s recent decision in HM Land Registry Appellant –v- Mrs S M Benson and Other Respondents UKEAT/0197/11/RN (handed down on 10 February 2012) in respect to age discrimination.
The HM Land Registry had a budget of £12 million to reduce their headcount so they offered employees a voluntary redundancy/early retirement scheme, with enhanced benefits. One of the selection criterion used was, what the tribunals referred to as ‘cheapness’ i.e. selecting employees whose entitlements under the scheme would be the lowest, to allow them to make redundant as many people as possible within the budget identified. This meant that a certain category of people were not selected for redundancy – these consisted primarily of … more