Successful constructive dismissal claim for Secretary who was asked to be involved in discriminatory recruitment process

In a recent case heard at a Bristol Employment Tribunal, Hobbs v Avon Care Homes, a secretary has successfully claimed constructive unfair dismissal after being asked to be involved in discriminatory recruitment practices. Hobbs and recruiting manager, Rea had found a suitable candidate for a Care Home Manager vacancy. Managing Director, Bila was......

Ethical veganism – to become a protected philosophical belief?

With the New Year officially upon us, many people are looking to make changes such as cutting out the junk food, exercising more and quitting drinking/smoking. Veganuary (a pledge to try a vegan diet for the month of January) is also set to be a hit. According to the non-profit organisation Veganuary, more than a quarter of a million people took th......

Menopause and the workplace

Still thought of as a slightly taboo subject, and a cause of embarrassment for employees and managers, why are we bringing this up? Research from the CIPD has found that the three out of five (59%) working women between the ages of 45 and 55 who are experiencing menopause symptoms say it has a negative impact on them at work. There has also b......

A reminder for employers to take care with long term disability benefit offerings

It is a relatively common practice for employers to offer some form of long term disability benefit to their employees, usually covered by an insurance policy. However, recent developments have demonstrated that care must be taken when implementing such policies in terms of how they can impact employees and how relevant documents should be drafted.......

BBC Analysis Suggests That Gender Pay Gap Is Growing

The BBC has completed analysis on the private companies that have published their latest gender pay gap figures and notes that 4 in 10 companies are reporting wider gaps than they did last year, including firms such as Kwik Fit, which grew from a negative pay gap of -15.2% to a positive one of 14%, and Virgin Atlantic which widened from 28.4% t......

When does an employer have knowledge of an employee’s disability under the Equality Act 2010?

This was the question addressed by the Employment Appeal Tribunal in the recent case of Lamb v The Garrard Academy. An individual is considered disabled if they have a physical or mental impairment that has a significant and long term effect on their ability to carry out day to day activities. ‘Long term’ means it has lasted, or is likely to last,......

Veganism to become a Protected Characteristic?

In the news this week is the case of Jordi Casamitjana, who says his former employers, The League Against Cruel Sports sacked him because of his ethical #veganism. His lawyers are presenting his case to tribunal as one of #discrimination on the grounds of religious or philosophical belief. Religious or political belief is one of the Protected Chara......

When “it’s just office banter” might be a defence

The case of Evans v Xactly Corporation Limited considered questions of disability and race discrimination, with the Claimant bringing proceedings for a number of breaches of the Equality Act 2010. The Claimant relied on the protected characteristic of disability as a result of his type 1 diabetes, and the protected characteristic of race......

“Is it directly discriminatory, either on grounds of sexual orientation or religious belief, for a bakery to refuse to supply a cake iced with the message “support gay marriage” because of the religious belief of its owners?”

No was the answer of the Supreme Court to this question in the case of Lee v Ashers Baking Company Ltd and Others, in the judgment handed down on 10 October 2018. The facts Mr and Mrs McArthur have owned Ashers Baking Company Ltd since 1992 and are practicing Christians. Mr Lee is a gay man who volunteers for an organisation called QueerSpace......

Maternity leave – your rights

Maternity leave is an important period for all working mums. It gives women an opportunity to prepare for the birth, then bond with and care for the child during the first days, weeks, and months of its life. Here, we take a look at what rights you have when it comes to organising and taking maternity leave. Who is eligible for maternity leave?......

“Caste” will not become a protected characteristic under the Equality Act 2010

The Government has concluded its consultation into the question of whether caste should be included within the protected characteristics listed within the Equality Act 2010, in order to offer appropriate legal protection against caste discrimination in Britain. Having considered the findings carefully, the Government has decided not to include cast......

A dress code to impress….and avoid sex discrimination

A dress code may seem archaic, stringent or unnecessary to many people. However, it can be a powerful tool in creating a particular image of a workplace, which is integral to many professions. How the outside world e.g. clients see us will, whether consciously or not, impact a decision to instruct us. This May, the Government Equalities Office re......

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