1. Skip to navigation
  2. Skip to content
  3. Skip to sidebar

Disability – what do you know?

The Court of Appeal has handed down its decision in Donelien v. Liberata UK Ltd (see here) and provided reassurance to employers that they can rely on occupation health advisers in deciding the question of disability. However, this is subject to employers making their own enquiries also.
Read more »
Disability – what do you know?

Fawcett Society Sex Discrimination Review – proposals relating to women in the workplace

On Tuesday the Fawcett Society issued its recommendations resulting from its Sex Discrimination Review. It remains to be seen whether the proposals are implemented. However, it did make some interesting recommendations in relation to women in the workplace.
Read more »
Fawcett Society Sex Discrimination Review – proposals relating to women in the workplace

TIME’S UP

Back in November I blogged about #metoo, the hashtag used to raise awareness of and denounce sexual assault and harassment. This was initially in relation to the abuse of power in the entertainment industry but the hashtag has spread to include not only harassment in the workplace but in every aspect of everyday life. TIME'S UP is a response to #metoo – taking the awareness raised by the hashtag and looking at what can be done to stop sexual harassment for good.
Read more »
TIME’S UP

World Braille Day 2018

4th January 2018 is World Braille Day. Braille is the system of touch reading and writing that utilises raised dots to represent the letters of the print alphabet and uses symbols to represent punctuation, mathematics and scientific characters, music, computer notation, and foreign languages. Rather than a language, Braille is a code by which all languages may be written and read. Through the use of Braille, people who are blind or visually impaired are able to review and study the written word. For those who use Braille, it is an important tool allowing them to engage with the rest of the workforce and enjoy equal opportunity with other, non visually impaired, work colleagues.
Read more »
World Braille Day 2018

Timing and permission to amend an ET1

In the recent case of Galilee v Commissioner of Police for the Metropolis the EAT held that the doctrine of 'relation back', whereby amendments take effect from the date of the original document which it amended, does not apply in the tribunal.
Read more »
Timing and permission to amend an ET1

Dress Codes in the Workplace

Headlines on dress codes are becoming more frequent and certainly catch the eye with the BBC's "Can an employer demand that you go to work naked?" being no exception! The question raises a fair point – to what extent can employers dictate what its workforce wear to work?
Read more »
Dress Codes in the Workplace

Risk assessments for breastfeeding mothers

The European Court of Justice (CJEU) has held, in the recent case of Otero Ramos v Servicio Galego de Saude, that failure to conduct an appropriate risk assessment for a breastfeeding employee amounts to sex discrimination.

The employee in this case was an accident and emergency nurse who had made a request for an adjustment to her working pattern on account of her breastfeeding. Her concerns included the complex shift rotation system, exposure to ionising radiation, healthcare-associated infections and stress. She requested an adjusted shift pattern and preventative measures to be implemented. Her employer issued a report stating that her work did not pose any risk to her breastfeeding her child and rejected her request for an adjustment to her working conditions.

The employee filed a claim for sex discrimination against her employer, alleging that the risk assessment carried out by her employer did not comply with the requirements of EU law which provides measures to improve health and safety for pregnant and breastfeeding workers. The CJEU found that the employer had failed to perform an individual assessment of the employee’s circumstances, as required under the legislation, and rather it had conducted an assessment of the employee’s role as an accident and emergency nurse.

Accordingly, the CJEU held that failure to properly assess the risk posed by the work of a breastfeeding worker in accordance with the requirements of EU law must be regarded as less favourable treatment and constitutes direct sex discrimination.

Risk assessments for breastfeeding mothers

Sexual harassment in the workplace

The recent allegations against US film producer Harvey Weinstein have brought the issue of sexual harassment at work into the global spotlight with an overwhelming number of women across the globe sharing their experiences of inappropriate treatment at the hands of their employers. This has prompted discussion of the obstacles faced by women trying to develop their careers. It is becoming clear that in many sectors there is a culture in the workplace of ignoring or trivialising sexual harassment.

A recent BBC survey, commissioned in the wake of the Weinstein allegations, has found that half of the women interviewed had experienced sexual harassment at work or place of study. The harassment ranged from inappropriate comments to sexual assault with 30% of the women being targeted by a boss or senior manager.

What has emerged over the recent weeks is that simply having a sexual harassment policy in place is not enough to address such a prolific problem in the workplace. Policies will only be effective if they are “lived” and there is a culture that does not ignore the behaviour the policy is designed to prevent. Perhaps now is the time for a shift in emphasis from attempting to avoid a harassment claim, to preventing the harassment occurring in the first instance.

Sexual harassment in the workplace

Greek government’s imposition of height restrictions on its police force falls short of equal treatment

In the recent case of Ypourgos Ethnikis Pedias kai Thriskevmaton v. Kalliri, the European Court of Justice (ECJ) held that the requirement for candidates for the Greek police academy to be at least 170cm tall amounted to indirect sex discrimination which could not be objectively justified.
Read more »
Greek government’s imposition of height restrictions on its police force falls short of equal treatment

Supreme Court rules that embassy staff are not excluded by state immunity

In the recent case of Benkharbouche v. Secretary of State for Foreign & Commonwealth Affairs & Anor the Supreme Court agreed with the EAT and the Court of Appeal and unanimously held that sections 4(2)(b) and 16(1)(a) of the State Immunity Act 1978 (SIA) cannot protect embassies from Employment Tribunal claims brought by domestic staff in the UK.
Read more »
Supreme Court rules that embassy staff are not excluded by state immunity