Tag Archives: EHRC

Equality Commission issues guidance on NDAs in discrimination cases (UK)

The Equality and Human Rights Commission (EHRC) has issued new guidance on the use of confidentiality agreements (often referred to interchangeably as “non-disclosure agreements” “NDAs”, “gagging clauses” or “confidentiality clauses”) in discrimination cases. The stated aim of the guidance is to “clarify the law on confidentiality agreements in employment and to set out good practice … Continue Reading

Sexual harassment in the workplace, Part 3 – all reasonable steps (UK)

Normally an employer will be liable for one employee’s harassment of another unless it has taken “all reasonable steps” in advance to stop conduct of that sort happening, the “statutory defence”. Employment Tribunals can be reluctant to allow an employer to escape liability in that way because that may leave the employee without meaningful recourse … Continue Reading

Justification of Redundancy Following Disability-Related Absence

If because of your disability you are absent from work and if because of that absence your employer discovers that it doesn’t actually need you, does your resulting redundancy arise from your disability?  This is important because Section 15 Equality Act 2010 says that if A treats B unfavourably “because of something arising in consequence … Continue Reading

Startling statistics published on maternity-related discrimination in the UK – but don’t believe everything you read

I have never been pregnant, nor do I anticipate any change in that position. The comments which follow concerning last week’s report from the Equality and Human Rights Commission on pregnancy and maternity-related discrimination must please be seen in that light.  However, I hope I have at least retained the ability to distinguish between fact … Continue Reading
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