Tag Archives: Equality Act

Likely lad – employee’s workplace stress disability claim revisited by EAT (UK)

Back in 2017 we posted a piece about the difference between disability and unhappiness at work. In that case, Mr Herry had been off work for over a year but still failed to establish that he was disabled. In large part this was because his absence was felt not to be the result of an … Continue Reading

It’s Black History Month – so let’s talk about positive discrimination (UK)

To its critics positive discrimination is a set of benefits and privileges reserved for minorities. BAME inclusion events and initiatives designed to encourage BAME job applicants are frequently found in the firing line. It’s a pretty dynamite topic which evokes feelings of victimisation, unfairness and inequity and can stunt enthusiasm for diversity in the workforce.… Continue Reading

Sexual harassment in the workplace, Part 1 – the Equality Act 2010, what does it cover and how does it work? (UK)

In the lead-up to the close of the Government’s consultation on sexual harassment in the workplace we will be running a series of blogs on the issue, starting with a look at existing legislation, how it works and how it holds employers accountable for sexual harassment in the workplace.… Continue Reading

Later knowledge taints earlier dismissal – employers’ duties in appeals (UK)

You are hearing the appeal of an employee with less than two years’ service dismissed on the grounds of admitted poor conduct. What can possibly go wrong? Certainly not the seeming afterthought on the employee’s part, not mentioned at the dismissal stage, that her conduct might in part be explained by a depressive condition of … Continue Reading

How voluntary is voluntary overtime? – the disability discrimination risk

Back in June 2016, I wrote a piece on the Employment Appeal Tribunal’s decision in Carreras -v- UFPR concerning the extent to which an employer’s expectations can amount to a provision, criterion or practice (PCP) for disability discrimination purposes (specifically, as a trigger for the obligation to make reasonable adjustments). That post is here https://www.employmentlawworldview.com/when-overtime-goes-bad-employers-duties-to-clarify-expectations-for-disabled-staff/.… 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

A cynic’s guide to the draft Gender Pay Gap Regulations

So here they are, out yesterday, a strange parallel universe where months last 30.44 days and years 365.25, and where you don’t include pay for periods of leave except when you do. In past blogs here we have criticised Government Regulations and statutory Guidance as too vague, leaving employers unclear whether they are caught by … Continue Reading

Corporate discrimination claims become a reality in the UK – can this really be what Parliament intended?

Back at the end of July we noted the decision of the Liverpool Employment Tribunal in Gerry Abrams Limited –v- EAD Solicitors LLP that a limited company could claim age discrimination.  That rather surprising conclusion then went off to the Employment Appeal Tribunal which has just found in unassailably clear terms that this is correct … Continue Reading

Mock the weak(er sex)?

In a recent Radio Times interview Dara O’Briain, presenter of UK comedy quiz Mock the Week has hit back at BBC Director of Television Danny Cohen’s decision to require all such panel shows to feature at least one female comedian. While he obviously agrees that women should be involved in these programmes, said Mr Briain, … Continue Reading
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