Discrimination: Avoiding claims from pregnant workers and new mothers – lessons from recent case law

Beth Hale and Naomi Latham explore six cases which highlight the potential pitfalls for employers when managing workers who are pregnant or who have returned from maternity leave Efforts made to reach a compromise position and to consider individual circumstances will help employers demonstrate that they have acted proportionately and will help to justify the …
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Legal news: Employment update

Lauren Bholé rounds up recent developments affecting employers and their advisers The right to request carer’s leave will be a day one employment right, so employees will not need any minimum length of service before they can request the leave. Government publishes its response to the carer’s leave consultation In March 2020, the government launched …
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Discrimination: Should the menopause be a specific protected characteristic?

Jenny Arrowsmith and Joanne Moseley examine the business case for supporting employees going through the menopause and discuss whether greater legal protection is required for those experiencing symptoms The menopause is not specifically protected under the Equality Act 2010 and most complaints are characterised as a form of disability, sex or occasionally age discrimination. The …
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Recruitment: How to avoid discrimination claims when hiring

Nick Hine and Zahra Mahmood provide their top tips on minimising unconscious bias and other forms of discrimination during the recruitment process It is critical for employers to ensure that employees involved in the recruitment process undertake equality and diversity training and keep a clear record of their decision making. There are several dangers an …
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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers In Dodson, the EAT confirmed that women are less likely to be able to accommodate certain working patterns than men because of childcare responsibilities. Supreme Court confirms no change to burden of proof in discrimination cases The Supreme Court decision in Royal Mail Group …
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Philosophical belief: Managing opposing beliefs in the workplace – what employers need to know

Monica Kurnatowska and Rachel Farr assess the impact on employers of the EAT’s decision that ‘gender-critical’ beliefs are protected under the Equality Act The tribunals’ role is not to decide which side is right, or holds the more acceptable views, but to ensure that those with different views tolerate each other. Forstater v CGD Europe …
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Case law: Disability discrimination in 2021 – lessons from recent decisions

Barry Stanton and Jemille Gibson examine the key points to arise from the latest crop of disability discrimination cases The employer’s actions or inactions can only be judged in the light of circumstances at the time of those actions. Tribunals are not permitted to take account of events that occur after the alleged discriminatory acts. …
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Religion or belief: When can an employer dismiss for expression of faith-based views?

Briony Richards examines the lessons for employers from a pair of recent cases in which a Christian claimed he was discriminated against due to his belief that adoption by same-sex couples is wrong Where an employee has acted in a manner that, religion or belief aside, does serious damage to the employer or its workforce, …
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Litigation: Covid-19 related claims and how to avoid them

Samantha Mackie and Kim Pattullo explain how to reduce the risk of employment tribunal claims arising from the pandemic and resulting economic downturn For employers looking to implement redundancy exercises, it is important that they take the time to ensure their processes are legally compliant. The coronavirus pandemic has undoubtedly had a profound impact on …
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Equality: Race discrimination under the spotlight

Paul Reeves and Leanne Raven discuss the increasing pressure on employers to demonstrate their steps to address racism in the workplace and to promote diversity It is important that employers are aware of more subtle forms of discrimination, which include microaggression and unconscious bias. Following the death of George Floyd in 2020 and the rise …
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