Is it safe to dismiss an employee who is receiving long-term disability benefits?
The EAT has dealt a blow to employers, confirming that the purpose of permanent health insurance and similar schemes would […]
Discrimination
Context is key in claims of harassment
In the recent case of Evans v. Xactly Corporation Limited the EAT considered whether calling an employee a “fat ginger […]
Government to propose mandatory ethnic pay gap reporting
As UK companies with more than 250 employees are now required to publish gender pay gap information, the government has turned its attention to the ethnicity pay gap.
NHS accused of ethnic discrimination following senior doctors' pay gap
Recent research published by the British Medical Journal suggests that senior doctors from black or minority ethnic ('BME') backgrounds earn approximately 4.9% (or £5,000) less in mean basic pay than their colleagues from a white ethnic background within the NHS.
Sex discrimination case flushed out of the Tribunal system with a £25,000 settlement
A female council worker has settled her sex discrimination claim for £25,000. She was instructed to go to a different office, ahead of an inspector's visit, to clean the kitchen and the toilets. She was told the toilets "needed a woman's touch" despite the fact that cleaning was not within her job description.
Eid al-Adha: dealing with religious festivals in the workplace
Eid al-Adha (known as the festival of sacrifice), the Islamic holiday marking the end of the Hajj pilgrimage, is due to begin this coming Tuesday (21 August). The festival is celebrated with prayer and feast, typically on a large scale with Muslims in their respective communities coming together to partake in the festivities. Many Muslims may request time off work to celebrate Eid al-Adha, so here are a few considerations for employers to bear in mind as the holiday approaches.
Testing the limits of religious and philosophical belief discrimination
The Equality Act 2010 (the 2010 Act) prohibits direct discrimination, indirect discrimination and harassment in the workplace in respect of religion, religious belief and philosophical belief.
Government proposes major overhaul of Gender Recognition Act
The Government Equality Office (GEO) is proposing reform of the Gender Recognition Act 2004. This Act enables transgender people to obtain legal recognition of their acquired gender by the issuing of a Gender Recognition Certificate and changing the sex on their birth certificate.
Can the menopause constitute a disability?
A recent Employment Tribunal's ruling suggests that the physical and psychological effects of the menopause could constitute a disability for the purposes of the Equality Act 2010 (the 2010 Act) Ms Davies, a court officer for the Scottish Courts and Tribunal Service, had experienced the onset of the menopause resulting in her becoming severely anaemic, stressed and anxious, and experiencing memory loss.
"Pitiful" and "patronising" – the excuses given for the lack of female presence in FTSE boardrooms
The Hampton-Alexander Review, an independent review backed by the government to scrutinise the gender balance of boards at the top of the country's leading companies, released a report this week which lists some of the excuses given by companies for a lack of female representation on their boards.
EHRC gender pay gap investigations
The Equality and Human Rights Commission (EHRC) has written to the Government informing it that in June it will be commencing the first of its gender pay gap investigations into employers who have failed to comply with their gender pay gap (GPG) reporting obligations. The announcement should not come as a surprise as the EHRC issued a warning prior to 4 April 2018 deadline that any companies which failed to comply with their reporting obligations could face enforcement action in the form of a fine or an investigation.
No requirement to enhance pay for shared parental leave
We blogged in June last year about the employment tribunal claim of Ali -v- Capita Customer Management Ltd where Mr Ali was successful in his claim for direct sex discrimination. Female employees at Capita were entitled to 14 weeks’ full pay on maternity leave whereas fathers were only entitled to two weeks’ full pay on paternity and shared parental leave. Mr Ali's wife was advised to return to work early from maternity leave after being diagnosed with post natal depression. Mr Ali asked Capita whether he could take leave instead and was told he could take shared parental leave on statutory pay. The Tribunal found that this was direct sex discrimination.