Employment Law Explained

Tag Archives: discrimination

Protected Conversations? Protecting Who?

Posted on 27/10/2011 by Michael Scutt • 1 Comment

conversation 1367212c Protected Conversations? Protecting Who? unfair dismissal news

The headlines were grabbed yesterday by the leak of the Beecroft report’s proposal to abolish unfair dismissal in capability cases. Only slightly less newsworthy was Nick Clegg (the Lib Dem Deputy PM, leader of the supposedly caring party of government) announcing proposals to allow employers to have “protected conversations” with employees.  This is all part of the same agenda to cut red tape for business and to allow employers to get rid of underperforming workers and, interestingly, to discuss retirement with older workers, without the fear of being hauled off to an ET.

cleggimages Protected Conversations? Protecting Who? unfair dismissal news

Is Clegg protected?

This is a preview of Protected Conversations? Protecting Who?. Read the full post (466 words, 2 images, estimated 1:52 mins reading time)
Filed Under: News, unfair dismissal

Redundancy Selection: Now Harder for Employees to Challenge?

Posted on 22/06/2011 by Michael Scutt • 0 Comments

 

iStock 000013215981XSmall Redundancy Selection: Now Harder for Employees to Challenge? uncategorized redundancy

Choices, choices

 

 

 

Many employees often suspect they have been unfairly placed in the “departure lounge” when their company decides to restructure. Sometimes it is obvious there has been unfairness, or discrimination, in the process.  On other occasions it’s much harder to prove even if suspected and the recent case of Dabson v David Cover & Sons Ltd doesn’t help employees much.  On the other hand, employers will be relieved.

This is a preview of Redundancy Selection: Now Harder for Employees to Challenge?. Read the full post (531 words, 1 image, estimated 2:07 mins reading time)
Filed Under: Redundancy, Uncategorized

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: 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

The Equality Act 2010: 24 Days and Counting #1

Posted on 06/09/2010 by Michael Scutt • 5 Comments

iStock 000007679700XSmall The Equality Act 2010: 24 Days and Counting #1 equality

There are 24 days to go until the new Equality Act comes into force on 1st October.  It’s a hefty piece of legislation – 218 sections with 28 Schedules – and covers all aspects of discrimination and harassment in the workplace.  Although a consolidating piece of legislation, it also introduces new claims, simplifies and unifies others and will be giving HR and employers everywhere headaches.  In the run up to the commencement of the Act I will be taking a look at the headline points.  Tomorrow I will cover the Act’s restriction on the use of pre-employment health questionnaires and medicals, today I will set out the main framework of the Act. ACAS has produced a very useful summary of the Act for employers – click here.

This is a preview of The Equality Act 2010: 24 Days and Counting #1. Read the full post (991 words, 4 images, estimated 3:58 mins reading time)
Filed Under: Equality

Seven Ways for Employers to Avoid Stress at Work Claims

Posted on 19/01/2010 by Michael Scutt • 0 Comments

stresswordiStock 000010915873XSmall 300x199 Seven Ways for Employers to Avoid Stress at Work Claims stress at work religion and belief discrimination race discrimination personal injury equality disability discrimination contracts of employment constructive dismissal bullying harassment age discrimination Yesterday Ian Barratt of Mind Strengths Ltd published his “Seven Top Stress Management Tips for Employees”.  Today I am publishing my “top tips” for employers hoping to avoid claims for stress at work from being commenced against them.   

This is a preview of Seven Ways for Employers to Avoid Stress at Work Claims. Read the full post (1140 words, 2 images, estimated 4:34 mins reading time)
Filed Under: Age Discrimination, Bullying & Harassment, constructive dismissal, Contracts of Employment, disability discrimination, Equality, Personal Injury, Race Discrimination, Religion and Belief Discrimination, stress at work

Seven Top Stress Management Tips for Employees

Posted on 18/01/2010 by Michael Scutt • 2 Comments

Ian Barratt 2 300x299 Seven Top Stress Management Tips for Employees unfair dismissal stress at work religion and belief discrimination race discrimination personal injury equality contracts of employment constructive dismissal bullying harassment age discrimination  

mindstrengths logo 300x110 Seven Top Stress Management Tips for Employees unfair dismissal stress at work religion and belief discrimination race discrimination personal injury equality contracts of employment constructive dismissal bullying harassment age discrimination  

As promised last Monday, I am delighted today to welcome my first guest blogger, Ian Barratt (pictured, right) of Mind Strengths Ltd, to present his Seven Top Stress Management Tips on this third Monday of January, the allegedly most miserable day of the year. Ian is a qualified stress management consultant speaker and author.  His book “The Phoenix Strategy”, co-authored with Amanda Robinson was published last October.  Mind Strengths Ltd is a consultancy company offering workplace strress management , wellbeing and support services.  Tomorrow I will look at how employers can minimise the risk of being sued for stress at work by employees. 

This is a preview of Seven Top Stress Management Tips for Employees. Read the full post (896 words, 2 images, estimated 3:35 mins reading time)
Filed Under: Age Discrimination, Bullying & Harassment, constructive dismissal, Contracts of Employment, Equality, Personal Injury, Race Discrimination, Religion and Belief Discrimination, stress at work, unfair dismissal

Climate change can be a philosophical belief

Posted on 04/11/2009 by Michael Scutt • 3 Comments

The case of Grainger PLC v Nicholson UKEAT/0219/09/ZT gained lots of media coverage, including the front page of today’s The Independent (“Green beliefs win legal protection”).  I covered the case when it was before the Employment Tribunal and Mr Nicholson initially won.  The Employment Appeal Tribunal (EAT) has rejected the company’s appeal and held that Mr Nicholson’s belief in climate change is capable of qualifying as a philosophical belief within the meaning of the Employment Equality (Religion or Belief) Regulations 2003. These regulations protect workers with religious or philosophical beliefs from being discriminated against because of their religion or belief.  This was a preliminary hearing on whether belief in climate change could qualify within the meaning of those Regulations.  Mr Nicholson still needs to return to the ET for the case on its facts to be decided.  That will include cross-examination of his beliefs to establish to what extent they govern his life.

This is a preview of Climate change can be a philosophical belief. Read the full post (483 words, estimated 1:56 mins reading time)
Filed Under: News, Religion and Belief Discrimination

Race Discrimination and Redundancy

Posted on 05/06/2009 by michaelscutt • 0 Comments

Two recent cases before the Suffolk ET highlighted the risks that employer face when making redundancies.  In this particular matter, Obikwu v British Refugee Council and Ukwaja v British Refugee Council (BRC), two (black) immigration workers were selected for redundancy by their employer, the BRC.  The ET found in favour of both workers in April 2008, but it was only in the last few days that Mr Obikwu’s remedies hearing took place which settled the level of compensation to be paid to him. Ms Ukwaja’s case was determined last January.

This is a preview of Race Discrimination and Redundancy. Read the full post (788 words, estimated 3:09 mins reading time)
Filed Under: Race Discrimination, Redundancy

The new Equality Bill

Posted on 28/04/2009 by michaelscutt • 0 Comments

This is something we will be hearing a lot more about over the next few months and years.  At last the government has introduced legislation that seeks to rationalise the current miasma of anti-discrimination legislation and bring it all into one piece of legislation. 

At the moment, in the workplace environment, six types of discrimination are outlawed – age, race, sex (gender), sexual orientation, religious belief and disability.  Each piece of legislation behind each type is different in certain respects so a new Act that contains all the relevant definitions, duties and defences is to be welcomed.  Whether, in practice, the Equality Act (if it gets that far) will be is another matter.  Undoubtedly it will change as it goes through Parliament but here are the current headlines

This is a preview of The new Equality Bill. Read the full post (326 words, estimated 1:18 mins reading time)
Filed Under: Equality