Category Archives: Discrimination

Government reforms (2): ACAS Guidance – Age discrimination at work

age-discrimination
ACAS has published guidance (available here) on age discrimination. The guidance includes how age discrimination can happen in the workplace, how to prevent it, and how different treatment because of age can be allowed in very limited circumstances. The guidance explains situations where employers are at risk of ageism and how to avoid discriminating against…
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Government reforms (1): Family friendly – Protection against redundancy

In 2016 the Women and Equalities Select Committee held an inquiry into pregnancy and maternity discrimination (see our Blog Is employment law currently failing pregnant women?). The Committee found that discrimination against pregnant women and new mothers had become more common over the previous ten years and recommended steps that the Government should take to…
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Case update (2): Disabilty discrimination – Enhanced pensions

depression
What do we already know? We updated you in our August 2017 Newsletter Case update (1) Disability discrimination – unfavourable advantageous treatment on the Court of Appeal’s decision in Williams v The Trustees of Swansea University Pension & Assurance Scheme and another. In this case the employee argued that because his enhanced pension was based…
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Guidance: Recruiting & managing staff with a disability or health condition

staff with a disability or health condition
The Government (DWP) has published practical guidance for line managers (available here) concerning the recruitment, management and development of people with a disability or health condition. The guidance covers the role of the line manager in workplace adjustments, language, behaviour and sickness absence. In collaboration with the Chartered Institute of Personnel and Development (CIPD), the…
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Case update (2): Contracts of employment – Long-term disability benefits

depression
Summary:  Is there an implied term that an employer will not dismiss an employee for incapability if that would frustrate entitlement to long-term disability benefits? Yes, on the facts, held the EAT in Awan v ICTS available here. Facts:  Mr Awan, the employee, commenced employment with American Airlines, the employer, as a security agent at…
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Case update (1): Harassment at work

angry boy
Summary:  Is referring to a colleague as a “fat ginger pikey” harassment? No, not if the victim participated in similar banter, said the EAT in Evans v Xactly Corporation Limited, available here. Facts:   Mr Evans was a salesman of Xactly between January and December of 2016. Mr Evans suffers from type 1 diabetes and also…
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Blog: Disability – back to basics (Part 2)

Following on from my recent blog, I thought I would look at another aspect of disability discrimination law that makes it unique within the word of discrimination/equality law: the issue of whether the employer (or potential employer in a recruitment scenario) had knowledge of the person’s disability. It’s what you know Disability discrimination differs from…
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Blog: Disability – back to basics (part 1)

Almost every week I find myself advising employers on all sorts of aspects of discrimination law. Common scenarios include an employee, very early in their probation period, taking substantial leave from work with possible mental health issue.  Another is ‘what does a reasonable adjustment look like?’ in this or that situation.  In my experience, the…
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Case update (3): Victimisation – acting in bad faith

discrimination
Summary: Does an employee, for purposes of a victimisation claim, have to act dishonestly for an allegation to be made in bad faith? Yes, held the EAT in Saad v Southampton University Hospitals NHS Trust available here. Facts:  Mr Saad, the employee, was a trainee surgeon employed by the Southampton University Hospitals NHS Trust, the…
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Government reforms (1): Discrimination – ‘caste’ out

What do we already know? We updated you in our August 2017 Newsletter Government reforms (2): Discrimination – consultation on caste that the Government was consulting on whether to: prohibit caste discrimination through case law; or specify caste as a protected characteristic in the Equality Act 2010. The consultation closed on 18 September 2017.  …
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