Category Archives: Discrimination

Government reforms (2): Compulsory vaccines – to be cancelled

covid vaccination
What do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing nursing or personal care would need to be fully COVID-19 vaccinated with both doses by 11 November…
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Case update (4): Discrimination and time limits 

Summary:  Can a tribunal extend time in a discrimination claim where the employees have waited to issue proceedings while pursuing grievances? Yes, held the EAT in Wells Cathedral v Souter (available here) but not always. Background: A discrimination claim must normally be submitted to a tribunal before the end of ‘the period of three months…
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Case update (3):  Disability discrimination and the menopause

menopause
What do we already know? We have previously discussed legal issues surrounding the menopause and the workplace (see here).  In Anne-Marie Boyle’s blog Menopause – the last workplace taboo? Part 2 she highlighted disability discrimination as a particular risk and that staff with strong menopausal symptoms could well qualify as being disabled.  At this time…
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Government reforms (3): ACAS Guidance – Care home vaccinations

nursing home
The guidance encourages consultation with recognised trade union or employee representatives, which should cover (among other things): What do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing…
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Case update (4):  Disability discrimination – Post-dismissal knowledge

Summary:   Is an act of dismissal discriminatory when the employer only knows of the disability post-dismissal? No, says the EAT in Stott v Ralli Ltd available here. Background:  Employees can bring a claim under s15 Equality Act 2010 that they have been subjected to unfavourable treatment because of something arising from a disability. However, for…
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Government reforms (3):  Guidance on mandatory vaccinations for care home staff

nursing home
What do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing nursing or personal care would need to be fully COVID-19 vaccinated with both doses. What’s…
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Government reforms (2): Sexual harassment – Government response to consultation 

sexual harrassment in the workplace
What do we already know? We updated you in our July 2019 Newsletter Government reforms (1): Tackling Gender Inequality & Workplace Sexual Harassment Consultation that the Government Equalities Office (GEO) was consulting on sexual harassment in the workplace to see how the existing protections for workers could be strengthened. The consultation closed on 2 October…
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Case update (3):  Sex discrimination – The childcare disparity

working mother
Summary:  Do Tribunals still need to take into account (without further evidence) that women generally have greater childcare responsibilities than men? Particularly when deciding whether required working patterns are indirectly discriminatory against women. Yes says the EAT in Dobson v North Cumbria Integrated Care NHS Foundation Trust (available here). Background: Indirect discrimination occurs where the:…
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Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff

nursing home
What do we already know? We updated you in our Issue 2 Newsletter Coronavirus (COVID-19): Vaccinations – Can employers insist? on the issues involved in introducing a mandatory vaccination policy.  We advised that in certain circumstances it would be more reasonable to make the vaccine mandatory.  In particular, an employer’s Covid-19 risk assessment may find…
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Case update (3):  Disability discrimination – is it ‘long-term’?

Summary:  Can a Tribunal consider events after the date of the discriminatory act when deciding whether an employee’s condition is ‘long-term’ for the purposes of disability status? No, held the Court of Appeal in All Answers Ltd v W and Another, available here. Background:  There are in essence four aspects to the test of whether…
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