discrimination – Law Journals

Discrimination: ‘Bald’ insult was sex-related harassment, rules tribunal

Calling an employee ‘bald’ tipped his case from mere bullying to unlawful conduct under the Equality Act, reports Justin Tarka Although there is a requirement in harassment cases for there to be a connection to a protected characteristic, the ‘related to’ requirement is very broad. A recent employment tribunal case involving an unusual allegation of …

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Diversity and inclusion: Encouraging social mobility in the workplace

Following publication of the government’s ‘levelling up’ strategy, Rob Lewis, Becca Jones and Cat Maguire look at employers’ role in opening up professional jobs to people from all backgrounds As things stand, there is little in English law which promotes social mobility and there is no protection for people who suffer discrimination related to their …

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Adult children: End of the road

Anna Shadbolt and Philippa Davies reflect on the limits of financial provision for adult children The decision in Siddiqui could be viewed as a simple restatement of the boundaries of the current law, without going any further, but it could also constitute a useful clarification of the existing law in the event of claims by …

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Discrimination: Managing employees with dementia

Keely Rushmore examines the key points to take away from a recent decision that a 73-year-old Asda employee with memory problems suffered age and disability discrimination Cases such as Hutchinson highlight the importance of treating age-related illnesses as what they are: illnesses. Any underperformance or illness should be dealt with under the performance management or …

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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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