Employment Law Explained

Category Archives: Equality

Men Behaving Badly

Posted on 12/12/2011 by Michael Scutt • 4 Comments

Men Behaving Badly title card Men Behaving Badly sex discrimination news equality

In case it were needed, the Daily Telegraph today reported on a case where “laddish” behaviour in the workplace led to a substantial payout for the female Claimant, Miss Angelina Ashby, which included £15,000 for injury to feelings and £9,158 for loss of earnings.  Read the article for the details, but this case should serve as a reminder that this sort of behaviour just isn’t acceptable in the workplace.

Male workers made unpleasant jibes about her weight and appearance and viewed pornography online.  When she issued a grievance she was criticised for being too sensitive and “unmanageable”.  She won her claim for sex discrimination and constructive dismissal against her employers. There are no great surprises there.

This is a preview of Men Behaving Badly. Read the full post (352 words, 1 image, estimated 1:24 mins reading time)
Filed Under: Equality, News, sex discrimination

Why Employment Law Reforms Will Harm Gender Equality in the Workplace

Posted on 05/11/2011 by Michael Scutt • 3 Comments

Why Employment Law Reforms Will Harm Gender Equality in the Workplace flexible working equality

How do you achieve pay equality in the workplace between the genders?  David Cameron said in Parliament the other day that having more women in the boardroom would have a beneficial effect  – on what is not clear but I’m sure he’s right.  He was questioned in relation to excessive pay awards and bonuses to senior executives and I can’t see that women should be any less greedy than men, taken as a whole.  But perhaps his point was wider than that.

This is a preview of Why Employment Law Reforms Will Harm Gender Equality in the Workplace. Read the full post (1147 words, 4 images, estimated 4:35 mins reading time)
Filed Under: Equality, Flexible Working

Barrack Room Lawyers Beware

Posted on 12/10/2011 by Michael Scutt • 0 Comments

 

barrackroomimages Barrack Room Lawyers Beware religion and belief discrimination equality

 

You’ve probably heard some barrack room lawyer saying “they can’t touch me, I’ve put all the assets in my wife’s name” or “they can do what they want, I’m a limited company.”  In this case “they” is usually a spouse or a creditor.  In the case of Bungay and Paul v Chandel & Ors (UKEAT/0331/10) “they” was actually a Claimant in proceedings before an ET.

Bungay and Paul were directors in the company. They were found by the ET to have conducted a campaign of discriminatory action against Mr Chandel which were intended to get him removed from his post. Even after Mr Chandel’s dismissal, the two directors continued to make unfounded and malicious complaints to the police.

This is a preview of Barrack Room Lawyers Beware. Read the full post (726 words, 1 image, estimated 2:54 mins reading time)
Filed Under: Equality, Religion and Belief Discrimination

Should the Government Cap Discrimination Awards?

Posted on 06/06/2011 by Michael Scutt • 3 Comments

The Independent reported yesterday that an “influential” group of City figures was urging the government to restrict compensation payments in discrimination cases to £50,000.  Currently such awards are unlimited in size, unlike in unfair dismissal cases where the compensatory award is (currently) capped at £68,400.  I have never understood the rationale behind one being restricted and not the other: why should unfair dismissal awards be capped and not those in discrimination cases? Or, conversely why shouldn’t unfair dismissal awards be uncapped?

This is a preview of Should the Government Cap Discrimination Awards?. Read the full post (494 words, estimated 1:59 mins reading time)
Filed Under: Employment Policies, Equality, News, Politics

A Clash of Cultures: Gay Rights vs Religious Belief

Posted on 24/01/2011 by Michael Scutt • 3 Comments

iStock 000004217821XSmall A Clash of Cultures: Gay Rights vs Religious Belief religion and belief discrimination equality

There was  a lot of coverage last week in the media on the outcome of the case of Hall & Preddy v Bull & Bull involving the clash of religious beliefs and gay rights.  It wasn’t an employment case but a dispute over discrimination (against a homosexual couple) in service provision, in this case Mr & Mrs Bull, a devout Christian couple who ran a B&B and refused to allow Mr Hall and Mr Preddy to stay in their B&B because it offended their religious beliefs.

This is a preview of A Clash of Cultures: Gay Rights vs Religious Belief. Read the full post (451 words, 1 image, estimated 1:48 mins reading time)
Filed Under: Equality, Religion and Belief Discrimination

The Equality Act 2010: Law Society Seeks Urgent Consultation

Posted on 01/11/2010 by Michael Scutt • 1 Comment

The EA has been in force for roughly one month and it is already experiencing some turbulence.  Not from Duncan Bannatyne’s rantings in the Daily Mail but from the effect of some sloppy drafting.  The problem concerns the drafting of s.147(5) of the Act, which deals with compromise agreements.

The offending section says;

“ none of the following is an independent adviser in relation to a qualifying compromise contract:

(a) a person who is a party to the contract or the complaint; and

(d) a person who is acting for a person within paragraph (a) in

This is a preview of The Equality Act 2010: Law Society Seeks Urgent Consultation. Read the full post (534 words, estimated 2:08 mins reading time)
Filed Under: Equality

The Equality Act: Here at Last – Worth the Wait?

Posted on 01/10/2010 by Michael Scutt • 4 Comments

220px Made in dagenham poster The Equality Act: Here at Last Worth the Wait? sex discrimination equality

Today marks the introduction of the long-awaited Equality Act (EA10), a piece of legislation proposed by Labour and brought in by the current government.  Click here for the BBC’s story on it. Coincidentally perhaps, today also sees the general release of the film “Made in Dagenham” about the 1968 strike by women at the Ford car factory over sex discrimination and is credited with having led to the Equal Pay Act 1970.

This is a preview of The Equality Act: Here at Last – Worth the Wait?. Read the full post (561 words, 1 image, estimated 2:15 mins reading time)
Filed Under: Equality, sex discrimination

Disability Discrimination Claims to Get Easier? Equality Act 2010 #5

Posted on 14/09/2010 by Michael Scutt • 1 Comment

Disability Discrimination Claims to Get Easier? Equality Act 2010 #5 equality

Next month sees the new Equality Act come into force, as I mentioned last week in #1. EA10 will do away with existing discrimination law, including the Disability Discrimination Acts 1995 and 2005. There will be several changes to disability discrimination. What should employers be doing in response to avoid workplace discrimination claims?

This is a preview of Disability Discrimination Claims to Get Easier? Equality Act 2010 #5. Read the full post (576 words, 2 images, estimated 2:18 mins reading time)
Filed Under: Equality

What Should Employers do About Third Party Harassment: Equality Act 2010 #4

Posted on 10/09/2010 by Michael Scutt • 4 Comments

What steps do you take to prevent visitors hassling your employees at work?

It might seem an odd question, but once EA10 comes into force the number of potential third party harassment claims will be increased.  I’m talking here about visitors to business premises, be they clients/customers or suppliers, indulging in “unwanted conduct” towards an employee; not harassment from fellow employees.  Under the current law, only the Sex Discrimination Act 1975 provides any protection to an employee who is the recipient of unwanted conduct from a third party, allowing him or her (usually her) to complain that the employer did not take steps to prevent that conduct.  EA10 extends this type of claim to all the protected characteristics (see post #1).

This is a preview of What Should Employers do About Third Party Harassment: Equality Act 2010 #4. Read the full post (619 words, 2 images, estimated 2:29 mins reading time)
Filed Under: Equality

The Equality Act 2010: Genuine Occupational Requirements and Other Stories #3

Posted on 08/09/2010 by Michael Scutt • 0 Comments

How do employers deal with EA10?

New obligations are imposed and there is plenty of scope for employers to fall foul of them.  Is it just “open season” for employees?  Probably not, although there will probably be a rise in claims for disability discrimination (the definition has been simplified) and in equal pay claims, because of the restrictions on the use of pay secrecy clauses (more on this in due course). Despite the plethora of Statutes and Regulations over the last few years, it is still quite difficult for an employee to succeed with a discrimination claim except in all but the most clear cut cases.  The usual problem for an employee is to prove that the “less favourable treatment” is because of a particular protected characteristic.

This is a preview of The Equality Act 2010: Genuine Occupational Requirements and Other Stories #3. Read the full post (581 words, 1 image, estimated 2:19 mins reading time)
Filed Under: Equality