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March 19, 2010

Employment tribunal decisions making the headlines: 06.03.10 to 19.03.10

A round up of links to news items on recent employment tribunal rulings, including: an unsuccessful age discrimination claim by a TV journalist; the first decision on trade union blacklisting; and an award for a chip shop worker who was dismissed for giving away chips.

Continue reading "Employment tribunal decisions making the headlines: 06.03.10 to 19.03.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

March 16, 2010

Draft EHRC Code of Practice: Don't Panic!

The Equality and Human Rights Commission (EHRC) has caused a bit of a stir with its draft Employment Statutory Code of Practice on the Equality Bill (external link), specifically in relation to discrimination on the ground of religion or belief.

Continue reading "Draft EHRC Code of Practice: Don't Panic!" »

John Read | | Comments (0) | TrackBacks (0) |

March 5, 2010

Employment tribunal decisions making the headlines: 20.02.10 to 05.03.10

A round up of links to news items on recent employment tribunal rulings, including: an award of over £50,000 for a Croatian employee who was harassed; an unsuccessful unfair dismissal claim by a doctor who refused to work unless he had somewhere to sleep during night shifts; and a payout for sexual orientation discrimination for a pub worker after attempts were made to "de-gay" the pub in which he worked.

Continue reading "Employment tribunal decisions making the headlines: 20.02.10 to 05.03.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

February 26, 2010

Is your workplace disability confident?

A workforce that includes people from a variety of backgrounds benefits in many ways. One example of the benefits of employing disabled people, is that an organisation will prosper from the characteristics a disabled person has had to develop to deal with a disability, including tenacity, resourcefulness and resilience, to name but a few.

Continue reading "Is your workplace disability confident?" »

Bar Huberman | | Comments (1) | TrackBacks (0) |

February 22, 2010

Employment tribunal decisions making the headlines: 06.02.10 to 19.02.10

A round up of links to news items on recent employment tribunal rulings, including: compensation for a harassed female soldier; a decision on sickness during annual leave; and the resolution of a zero-hours contract dispute.

Continue reading "Employment tribunal decisions making the headlines: 06.02.10 to 19.02.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

February 17, 2010

Flexible working - the key to enjoying life?

According to research, flexible working is beneficial to the physical and mental health of employees. Apparently, those who can decide on their working hours may even have healthier blood pressure and heart rates. The findings, which are available on the BBC website, come after a think tank, the New Economics Foundation (“NEF”), recently recommended a 21-hour week for all employees.

Continue reading "Flexible working - the key to enjoying life?" »

Eleanor Brown | | Comments (0) | TrackBacks (0) |

February 11, 2010

Bristolian serial litigant: will you be the next victim?

Are your job adverts non-discriminatory? Now might be a good time to double-check. According to the Sunday Times, a serial litigant in Bristol - pictured no doubt on his way to a post box, claim in hand - is taking advantage of any potentially age-discriminatory adverts that refer to “school leavers” or “recent graduates”.

Continue reading "Bristolian serial litigant: will you be the next victim?" »

John Read | | Comments (0) | TrackBacks (0) |

February 4, 2010

"Baby brain" myth is dispelled

Some mothers may have attributed a lapse in memory or concentration to their pregnancy or new born baby. Australian researchers, however, have confirmed that a woman’s brain is not adversely affected by pregnancy or motherhood.

Continue reading ""Baby brain" myth is dispelled" »

Eleanor Brown | | Comments (0) | TrackBacks (0) |

February 3, 2010

Employees and guide dogs

Employers who are considering whether or not a job applicant accompanied by an assistance dog (commonly referred to as guide dogs) could be employed, should consider that accommodating an assistance dog could be a reasonable adjustment under the Disability Discrimination Act 1995.

Continue reading "Employees and guide dogs" »

Bar Huberman | | Comments (0) | TrackBacks (0) |

February 5, 2010

Employment tribunal decisions making the headlines: 23.01.10 to 05.02.10

A round up of links to news items on recent employment tribunal rulings, including: hundreds of former workers in a caravan manufacturer who may not see the money that they were awarded by an employment tribunal; an alleged refusal by Corus to reinstate three workers who were dismissed because of their trade union links; and a receptionist in Cardiff who was sexually harassed by her boss.

Continue reading "Employment tribunal decisions making the headlines: 23.01.10 to 05.02.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

January 28, 2010

Job Centre Plus brands advert requesting reliable workers "discriminatory"

An advert requesting “very reliable and hardworking” workers has been branded “discriminatory” by Job Centre Plus, which refused to place the ad as it considered it discriminated against “unreliable workers”, according to the Daily Telegraph.

Continue reading "Job Centre Plus brands advert requesting reliable workers "discriminatory"" »

Eleanor Brown | | Comments (0) | TrackBacks (0) |

January 27, 2010

Employment tribunal decisions: what would you like to see covered?

XpertHR's case reporting has been improved with the addition of a new service providing summaries of new employment decisions, as well as the full transcripts of the cases, to go alongside our more detailed monthly summaries on a particular area [subscription required]. We're keen to hear from you if there are any types of claim that you would particularly like to see reported.

Continue reading "Employment tribunal decisions: what would you like to see covered?" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

January 25, 2010

Pregnancy and maternity leave: common discrimination pitfalls

XpertHR's new series of detailed summaries of employment tribunal decisions has continued with a look at five tribunal claims for pregnancy and maternity leave discrimination [subscription required].

Continue reading "Pregnancy and maternity leave: common discrimination pitfalls" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

January 22, 2010

Employment tribunal decisions making the headlines: 09.01.10 to 22.01.10

A round up of links to news items on recent employment tribunal rulings, including: a successful unfair dismissal claim by Weston-Super-Mare pier staff who were made redundant after it was damaged in a fire; compensation for an engineer who was dismissed for failing to clock out for a hospital appointment; and a £115,000 payout for an NHS boss who was told that she was the "wrong colour and wrong culture" for Cumbria.

Continue reading "Employment tribunal decisions making the headlines: 09.01.10 to 22.01.10" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

January 19, 2010

EHRC outlines new gender pay reporting proposals

The Equality and Human Rights Commission (EHRC) has published its proposals for employers reporting gender pay gaps (on the EHRC website).

The watchdog has outlined the voluntary measures organisations with more than 250 employees can use to publish information on pay differentials between men and women. These measures include:
  • the single figure difference between the median hourly earnings of men and women
  • the difference between the average basic pay and total average earnings of men and women by grade and job type
  • the difference between men's and women's average starting salaries.
The EHRC is also offering employers an option to include a narrative of the causes of their organisation's gender pay gap. This narrative would have to be combined with one or more of the quantitative measures.

As an incentive to companies to adopt these reporting measures, the EHRC is offering a limited degree of immunity from investigation for firms that participate.

Continue reading "EHRC outlines new gender pay reporting proposals" »

Mike Berry | | Comments (0) | TrackBacks (0) |

Guidance on preventing workplace harassment and violence

Guidance on preventing workplace harassment and violence (PDF format, 822K) has been published jointly by the CBI, the Partnership of Public Employers and the TUC.

The guidance is intended to raise awareness about how to protect employees from the risk of harassment and violence, both from colleagues and from third parties.

Continue reading "Guidance on preventing workplace harassment and violence" »

Susie Munro | | Comments (1) | TrackBacks (0) |

January 15, 2010

What did Harriet Harman announce on the default retirement age?

It was widely reported on Monday of this week (including on this blog) that Harriet Harman was going to make an announcement about the abolition of the default retirement age. Harman apparently told the Daily Mail that the default retirement age should be scrapped and that the Government was proposing a "massive public policy change". But where were the details of this policy change, and the plans for carrying it out?

Continue reading "What did Harriet Harman announce on the default retirement age?" »

Susie Munro | | Comments (0) | TrackBacks (0) |

ECJ decisions on defences to age discrimination

The European Court of Justice (ECJ) has given two judgments on when employers can set upper age limits for employment, in Wolf v Stadt Frankfurt Am Main [subscription required] and Petersen v Berufungsausschuss Für Zahnärzte Für Den Bezirk Westfalen-Lippe [subscription required].

Continue reading "ECJ decisions on defences to age discrimination" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

January 14, 2010

France employment law guide

Do you need to know about employment law in France? The latest European employment law guide added to XpertHR looks at key elements of employment law in Frances as it applies to: recruitment and selection; pay and benefits; employee rights; contracts of employment; training and development; equal opportunities; industrial relations; health and safety; and termination of employment.

XpertHR regularly publishes information on industrial relations law and practice across Europe - providing expert analysis of developments at European level and in individual European countries. In addition, other guides to national employment law in European countries include: the Netherlands; Italy; Germany; Greece; Poland; and Ireland. For ease of reference, we’ve rounded our European information up on one European employment law and practice page.

Remember that we want to provide information on the countries that are relevant to you in your HR role - so let us know which countries you’d like to see guidance on in the future.

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

January 8, 2010

Employment tribunal decisions making the headlines: 26.12.09 to 08.01.10

A round up of links to recent employment tribunal rulings, including the reinstatement of a Territorial army soldier who was made redundant after he returned from Afghanistan, a successful claim by a park ranger who was dismissed for making a joke about the colour of a black colleague's legs, and an award to a woman whose husband did the same job for the same employer but was paid more than her.

Continue reading "Employment tribunal decisions making the headlines: 26.12.09 to 08.01.10" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 22, 2009

HR questions on Twitter

Want to receive the answer to a frequently asked HR question every day? If you’re on Twitter, you can do so by following HRdailyquestion. The questions come from the popular XpertHR FAQs section, which contains over 1,000 frequently asked HR questions - and more importantly the answers.

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

December 25, 2009

Employment tribunal decisions making the headlines: 12.12.09 to 25.12.09

A round up of links to recent employment tribunal rulings, including a lorry driver who was unfairly dismissed after a row with a customer, a straight teacher who lost his sexual orientation discrimination claim, and a Northern Ireland industrial tribunal ruling on police officers' shifts.

Continue reading "Employment tribunal decisions making the headlines: 12.12.09 to 25.12.09" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 24, 2009

Policies and documents: the 10 most popular additions in 2009

Around 50 new model policies and documents have been added to XpertHR in 2009. But what have been the most popular? The XpertHR employment intelligence blog provides a round-up.

Continue reading "Policies and documents: the 10 most popular additions in 2009" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 11, 2009

Employment tribunal decisions making the headlines: 28.11.09 to 11.12.09

A round up of links to recent employment tribunal rulings, including an employer that tried to pacify an employee who had been racially abused with a 15p pay rise, a hospital chef who was dismissed for eating a piece of garlic bread, and an estate agent who spent hundreds of hours watching pornography on his work computer.

Continue reading "Employment tribunal decisions making the headlines: 28.11.09 to 11.12.09" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

Employers can start preparing now for football World Cup

The draw for the football World Cup (on the BBC website) taking place in summer 2010 has now been made, while the England cricket team's defence of the Ashes begins in late 2010 and the rugby World Cup takes place in 2011. And of course we have the London Olympics to look forward to in 2012. XpertHR has published a model policy [subscription required] to help employers deal with issues that will inevitably arise during these major sporting events.

Continue reading "Employers can start preparing now for football World Cup" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

December 31, 2009

Ten employment cases to watch out for in 2010

As usual, 2009 was a busy year in the employment tribunals, courts and in the European Court of Justice. But what employment law cases can we look forward to in the next 12 months? Here are 10 significant employment decisions expected in 2010.

Continue reading "Ten employment cases to watch out for in 2010" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 4, 2009

The duty to make reasonable adjustments during recruitment

The duty under the Disability Discrimination Act to make reasonable adjustments to prevent disabled people being disadvantaged at work applies during the recruitment process, as well as in relation to existing employees.

This means employers should consider how to comply with the duty at each stage of the recruitment process, from advertising a vacancy to selection. Employers shouldn't wait for a candidate to raise the issue of reasonable adjustments before they start thinking about potential action they could take.

A new guide in the XpertHR "how to" section gives employers practical guidance on how to comply with the duty to make reasonable adjustments during the recruitment process (subscription required).

Continue reading "The duty to make reasonable adjustments during recruitment" »

Susie Munro | | Comments (0) | TrackBacks (0) |

When an employee's "unusual" hobby becomes a workplace issue

The Times (on its website) has used the recent example of Mark Garlasco, a senior military analyst at a human rights organisation who was suspended when his employer found out that his hobby is collecting Nazi and other war memorabilia, to look at what an employer should do when an employee has an unusual or embarrassing hobby outside work.

Continue reading "When an employee's "unusual" hobby becomes a workplace issue" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

December 1, 2009

No discrimination against Christian counsellor for same-sex couple beliefs

An employer that dismissed a counsellor after he refused to give advice to same-sex couples did not discriminate against him because of his religious beliefs, confirms the Employment Appeal Tribunal in McFarlane v Relate Avon Ltd [subscription required].

Continue reading "No discrimination against Christian counsellor for same-sex couple beliefs" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

Lap dancing research officer required

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The School of Sociology and Social Policy at Leeds University has advertised a vacancy for a research officer to look into "the rise and regulation of lap dancing and the place of sexual labour and consumption in the night time economy". The advert states that prior experience of conducting research in the female sex industry is essential and the successful applicant will earn between £29,704 and £35,469 per annum.

Photo: p a n e.

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

Report stage of Equality Bill: 2 December

The Report Stage of the Equality Bill has been listed for 2 December - see progress of the Equality Bill on the Parliament website. At this stage the Bill is considered as a whole, rather than clause by clause.

See also:

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

November 27, 2009

Judges no longer required to reveal freemason connections

Two hundred and five of the 3,808 judges in the UK are freemasons. We know this because applicants to the judiciary are required to declare if they are part of the fraternal organisation. However, as a result of Jack Straw's decision earlier this month, applicants will no longer be forced to divulge their masonic connections. Read more on the telegraph website. What do you think? Should judges be forced to disclose their masonic connections?

Jeya Thiruchelvam | | Comments (1) | TrackBacks (0) |

Employment tribunal decisions making the headlines: 14.11.09 to 27.11.09

A round up of links to recent employment tribunal rulings, including a decision that a spiritualist was not discriminated against because of his beliefs, an £800,000 payout for a former News of the World reporter who claimed bullying, and £440,000 compensation for a council equalities officer who was dismissed.

Continue reading "Employment tribunal decisions making the headlines: 14.11.09 to 27.11.09" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

November 26, 2009

Spiritualist ex-police trainer loses religious discrimination claim

A police trainer who argued that he was discriminated against because he believes in the use of psychics in police investigations has lost his substantive claim, says the BBC website.

Continue reading "Spiritualist ex-police trainer loses religious discrimination claim" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

November 25, 2009

Workers seek father-friendly employers

According to the Equality and Human Rights Commission (EHRC) (in the EHRC newsletter), two-thirds of fathers see flexible working as an important benefit when looking for a new job. Andrea Murray, the Commission's acting group director of strategy, says that this highlights an opportunity for British businesses to use flexible working as an incentive for attracting and retaining the most talented employees.

The EHRC report also finds that many British Dads fear that requesting flexible working will damage their careers.

IRS is conducting a survey of employer attitudes and policies in relation to paternity leave, which will reveal how far UK organisations are taking father-friendly policies beyond the statutory minimum and whether employees are actually using paternity leave when it's available. If you are an HR practitioner and would like to participate in the paternity leave survey, please click on the link here. Survey participants will receive a free copy of the report.

Charlotte Wolff | | Comments (0) | TrackBacks (0) |

November 19, 2009

Important rulings on amount of compensation tribunals can award

Two significant rulings have been published on the amount of compensation that employment tribunals can award, concerning the assessment of loss for employees who suffer a stigma when looking for a new job as a result of having brought a discrimination claim against a previous employer and the amount of compensation that can be awarded for injury to feelings.

Continue reading "Important rulings on amount of compensation tribunals can award" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

November 18, 2009

Boss jailed for lying to employment tribunal

A company boss has been jailed for forging a contract of employment and a warning letter after a former employee accused him of sexual harassment, reports the BBC website.

Continue reading "Boss jailed for lying to employment tribunal" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

November 13, 2009

Spiritualist with belief in psychics' powers proceeds with discrimination claim

A police trainer who is arguing that he was dismissed because he believes in the power of psychics and their usefulness in police investigations is having his claim for religious discrimination heard by an employment tribunal (on the Daily Telegraph website).

Continue reading "Spiritualist with belief in psychics' powers proceeds with discrimination claim" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

November 6, 2009

Record of reasonable adjustments

Most employers know that they have a duty to make reasonable adjustments to prevent a disabled employee from being disadvantaged by any physical feature of the premises or any working practices. But what happens when an employee is moved to a new role and what should the employer do if the employee is off for a reason related to his or her disability?

Continue reading "Record of reasonable adjustments" »

Bar Huberman | | Comments (0) | TrackBacks (0) |

Addressing the problem of stress

More than 13 million working days a year are lost due to stress, according to the BBC. Employers who continue to ignore work-related stress do so at their peril, as the link between absence and stress has yet again been confirmed by the National Institute for Health and Clinical Excellence.

Continue reading "Addressing the problem of stress" »

Bar Huberman | | Comments (0) | TrackBacks (0) |

November 4, 2009

Discrimination and climate change: EAT guidance on philosophical beliefs

The Employment Appeal Tribunal has decided that a strong belief that mankind should take steps to avoid global warming is a "philosophical belief" for the purposes of the Employment Equality (Religion or Belief) Regulations 2003 [subscription required]. In doing so, it gave some useful guidance on what is likely to be a "philosophical belief" under the legislation.

Continue reading "Discrimination and climate change: EAT guidance on philosophical beliefs" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

November 2, 2009

Associative discrimination: how the EAT would amend disability legislation

In confirming that the scope of the Disability Discrimination Act 1995 extends to discrimination in relation to an association with a disabled person, the Employment Appeal Tribunal (EAT) has taken the unusual step of setting out how the Act might be redrafted to cover associative discrimination.

Continue reading "Associative discrimination: how the EAT would amend disability legislation" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

October 30, 2009

IRS masterclass on formal trade union negotiations - 4 November 2009

With the Royal Mail and Communication Workers Union both pointing the finger firmly at each other for the breakdown in negotiations and ensuing strike action, employers up and down the country are no doubt speculating about what they would do if they found themselves in the Royal Mail's shoes. The IRS masterclass on formal trade union negotiations, which takes place in London on 4 November 2009, will explore the practical side of how employers can be proactive in managing the negotiation process to a successful conclusion. We've put together a trade union negotiations resource pack to help XpertHR subscribers attending the event get the most out of it.

Continue reading "IRS masterclass on formal trade union negotiations - 4 November 2009" »

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

Employment tribunal decisions making the headlines: 17.10.09 to 30.10.09

A round up of links to recent employment tribunal rulings, including compensation for employees at a printing firm who were not warned of redundancy, the failure of Gloucestershire Police to make reasonable adjustments for a dyslexic police officer and an unfair dismissal claim by a delivery driver who was caught urinating in public.

Continue reading "Employment tribunal decisions making the headlines: 17.10.09 to 30.10.09" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

October 15, 2009

Employment tribunal chairman attacked by angry claimant

The General Medical Council (GMC) has heard how a doctor attacked an employment tribunal chairman with a chair when he was asked for further evidence to back up his discrimination claims, reports the Daily Telegraph website.

Continue reading "Employment tribunal chairman attacked by angry claimant" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

October 5, 2009

A new Conservative Government: what could this mean for employment law?

With the 2009 Conservative Party conference taking place in Manchester this week, and a general election looming, XpertHR looks at the employment law changes that an incoming Conservative Government might make.

Continue reading "A new Conservative Government: what could this mean for employment law?" »

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

October 1, 2009

Guideline amounts for injury to feelings compensation increase

A recent Employment Appeals Tribunal decision has increased the guideline figures for compensation for what is known as "injury to feelings" in discrimination cases.

Guideline figures for injury to feelings awards were set by the Court of Appeal in the case of Vento v Chief Constable of West Yorkshire Police (No.2) [2003] IRLR 102 CA. The guidance was intended to help tribunals and courts in deciding how much to award a successful claimant in compensation for the mental effects of discrimination, such as anxiety, fear, stress, and humiliation, which are impossible to measure objectively.

Continue reading "Guideline amounts for injury to feelings compensation increase" »

Susie Munro | | Comments (0) | TrackBacks (0) |

September 30, 2009

Employment tribunals: redundancy-related claims skyrocket

To no one's great surprise, the number of employment tribunal claims related to redundancy went up dramatically for the period 1 April 2008 to 31 March 2009, according to new Tribunals Service statistics (PDF format, 257K) (on its website).

Continue reading "Employment tribunals: redundancy-related claims skyrocket" »

Stephen Simpson | | Comments (2) | TrackBacks (0) |

September 25, 2009

Heyday decision - default retirement age is lawful, but...

The High Court has given its decision (PDF format, 206K) in the "Heyday case", the case brought by Age Concern challenging the default retirement age. The Court found that the default retirement age of 65 can be justified and is therefore lawful, but that there was a "compelling case" for raising or removing it.

To establish that the default retirement age set by reg.30 of the Employment Equality (Age) Regulations 2006 was justified, the Government had to show that it was introduced to meet a legitimate social policy aim. The Court found that it met the aim of maintaining confidence in the labour market, and that it was a proportionate way of doing so. The decision points out that the default retirement age does not require employers to dismiss employees at a certain age, it only allows them to do so, and finds that it is designed to give employers and employees certainty for planning purposes.

Continue reading "Heyday decision - default retirement age is lawful, but..." »

Susie Munro | | Comments (0) | TrackBacks (0) |

September 22, 2009

Disability discrimination in the police: employment tribunal decisions

When the Disability Discrimination Act 1995 was first enacted, it did not extend to police constables who, technically, are office holders and not employees. However, the Disability Discrimination Act 1995 was amended on 1 October 2004 to bring police officers within its scope in relation to employment.

Continue reading "Disability discrimination in the police: employment tribunal decisions" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

"Hairspray" actor on Broadway claims disability discrimination

A New York court is allowing a Broadway actor who performed in "Hairspray" to proceed with a claim for disability discrimination after he fell and injured his knee while performing in the show and was later dismissed.

Continue reading ""Hairspray" actor on Broadway claims disability discrimination" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

September 21, 2009

Abercrombie & Fitch face another US discrimination case

Abercrombie and Fitch, the US clothing retailer which has four UK stores, is facing legal action in the US on the grounds that it discriminated against a muslim teenage girl by turning her down for a sales job because she wears a headscarf.

The company's approach to diversity was in the spotlight in the UK recently when a woman successfully claimed disability discrimination after being made to work in the stock room rather than the shop floor, because her prosthetic arm didn't comply with the "look policy".

Continue reading "Abercrombie & Fitch face another US discrimination case" »

Susie Munro | | Comments (0) | TrackBacks (0) |

September 18, 2009

Jedi claims religious discrimination against Tesco

Daniel Jones, the founder of the Star Wars-based Jedi faith, has accused Tesco of religious discrimination after he was removed from one of its stores for wearing a hood, reports the Daily Telegraph website.

Continue reading "Jedi claims religious discrimination against Tesco" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

September 15, 2009

Highlights - IRS Managing disability at work conference

For those of you who couldn't make it, we will be posting some footage of the conference soon. Susie Munro and I persuaded some of the speakers to dispense snippets of advice on camera, so watch out for that - it should give you a good insight into what to expect when you attend an IRS event.

Continue reading "Highlights - IRS Managing disability at work conference " »

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

September 11, 2009

Age discrimination - big payouts from Texas to Tower Hamlets

What do Texas and Tower Hamlets have in common? Huge awards against employers in age discrimination cases, according to stories on the web today.

Continue reading "Age discrimination - big payouts from Texas to Tower Hamlets" »

David Shepherd | | Comments (0) | TrackBacks (0) |

September 8, 2009

Redundancy and age discrimination: learning from tribunal decisions

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A browse through the archive of employment tribunal decisions shows that, not surprisingly, quite a few age discrimination cases involve redundancy. In the first in a new series of articles on tribunal decisions [subscription required], XpertHR has rounded up some of the more interesting cases on age discrimination in redundancy.

Continue reading "Redundancy and age discrimination: learning from tribunal decisions" »

Stephen Simpson | | Comments (1) | TrackBacks (0) |

September 4, 2009

Managing disability at work - IRS conference

Next Thursday, 10 September, I'll be attending the IRS Managing Disability at Work conference in London. Jeya Thiruchelvam and I are planning to talk to some of the speakers and delegates about the issues covered during the day, and we're hoping to get some video footage to put up on this blog.

Continue reading "Managing disability at work - IRS conference" »

Susie Munro | | Comments (0) | TrackBacks (0) |

September 2, 2009

Volunteering Christian minister's religious discrimination case referred to ECJ

A Christian minister who did volunteer work as a radio presenter on Asian station Awaz FM but lost his position after a "lively" debate about differences between Christianity and Islam has had his employment case referred to the European Court of Justice (ECJ).

Continue reading "Volunteering Christian minister's religious discrimination case referred to ECJ" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

August 28, 2009

Stigma surrounding HIV is biggest barrier to work

The first major piece of research looking at the working experiences of people living with HIV has concluded that the health effects of people with living with HIV have only a small, if any, impact on their working life.

Continue reading "Stigma surrounding HIV is biggest barrier to work" »

Bar Huberman | | Comments (0) | TrackBacks (0) |

IRS conference on managing disability at work - 10 September 2009

The IRS one-day conference on Managing disability at work - from the XpertHR Group - will cover the latest legislation, policy and practice on employing disabled people. The conference takes place in London on 10 September, and to help XpertHR subscribers who are attending get the most out of it, we’ve put together a disability resource pack rounding up the latest, and forthcoming, articles on disability compliance, good practice and benchmarking.

Continue reading "IRS conference on managing disability at work - 10 September 2009" »

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

August 24, 2009

"Too cold" workplace results in tribunal claim

Interesting post from the Pannone law firm blog on a Tate Modern employee involved in an employment tribunal claim alleging - among other things - that her workplace is too cold.

See also:
Is there a maximum workplace temperature beyond which employees cannot be expected to work?
XpertHR quick reference > Temperatures > Recommended temperatures in the workplace

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

August 20, 2009

Former policewoman brings disability claim over dog handler job

Catherine Gilbert, a former policewoman who suffers from a voice condition that means that she can only whisper, is bringing a disability discrimination claim against Kent Police for not making reasonable adjustments to help her complete dog handler training.

Continue reading "Former policewoman brings disability claim over dog handler job" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

August 14, 2009

Prosthetic-limbed student wins Abercrombie & Fitch disability claim

In June we reported on the disability discrimination claim of Riam Dean, a woman with a prosthetic limb who says she was made to work in the stockroom by clothes retailer Abercrombie & Fitch. Ms Dean has now won her employment tribunal case and been awarded around £8,000 compensation.

Continue reading "Prosthetic-limbed student wins Abercrombie & Fitch disability claim" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

August 13, 2009

Gender pay gap reporting in the private sector

A consultation has been launched by the Equality and Human Rights Commission (EHRC) on proposals to help tackle the pay gap between men and women, by the voluntary reporting of gender pay information by private and voluntary sector employers.

Continue reading "Gender pay gap reporting in the private sector" »

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August 4, 2009

Women and Work Commission publishes final report

The Women and Work Commission was set up in September 2004 to consider how to close the pay and opportunities gap between men and women. The Commission has now published its final report Shaping a Fairer Future - A review of the recommendations of the Women and Work Commission three years on.

One of the issues the report looks at is how to get more women into senior roles. The lack of women at senior level is in part due to women facing penalties because they often work part-time in order to balance work with childcare responsibilities. However, the report points to research which shows that flexible working practices often help employers cut costs as such practices lead to better staff retention, lower absence levels, a better working ethos and more productivity.

Continue reading "Women and Work Commission publishes final report" »

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July 17, 2009

Age Concern retirement case - Day two of the Heyday hearing

I attended the hearing of the Age Concern retirement case at the High Court today. I've only attended the second day of a three day hearing so can't pretend to be able to give a balanced view of all the evidence, but I can give you an idea of a few of the arguments raised today. The High Court is being asked to decide whether the default retirement age (which allows employers to set a mandatory retirement age at 65 or above) is lawful. The case (known as the Heyday case) continues on Monday, but there won't be a decision until some time in the Autumn.

Continue reading "Age Concern retirement case - Day two of the Heyday hearing" »

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July 16, 2009

Pagan police officers get eight days' "religious holidays"

Pagan police officers have been permited to take eight days off work a year to celebrate “religious holidays” including Halloween and the summer solstice, according to the Daily Telegraph.

Not eight days off in addition to their normal annual leave entitlement of course - this could amount to direct discrimination against employees of other religions and beliefs (see Should employees who practise faiths other than Christianity be given additional annual leave to enable them to celebrate religious festivals? in the XpertHR FAQs section). As Supt Simon Hawkins, Hertfordshire’s force champion for faith, says: “While balancing operational needs, the force’s religion and beliefs policy gives all staff the choice of re-allocating the traditional Christian bank-holiday festivals to suit their personal faith.” This sort of approach is important - a refusal by an employer to grant an employee leave requested for the purpose of celebrating a religious holiday or festival could amount to indirect religious discrimination, which the employer would have to justify. The key point is that employers should make real efforts to accommodate requests for time off to observe religious holidays. However, if it’s genuinely not possible to do so - the day is a particularly important one for the employer, and it can’t arrange appropriate cover, for example - this will not necessarily amount to unlawful discrimination.

XpertHR subscribers can view our model Religious holidays policy and religious holidays contract clause in full.

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

Age Concern retirement case - hearing begins today

The High Court hearing in the case brought by Age Concern, challenging mandatory retirement, begins today. Age Concern argues that the default retirement age of 65 is unlawful. If the case is successful, employers will no longer be able to use mandatory retirement ages (unless they can justify doing so for reasons connected to social policy).

I was interviewed by Personnel Today about the issues to be decided and the implications of the case for employers. You can see the video on the Personnel Today website.

Continue reading "Age Concern retirement case - hearing begins today" »

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July 14, 2009

Review of 65 default retirement age brought forward to 2010

The review of the 65 default retirement age is to be brought forward by a year to 2010, as the Government attempts to adapt to the changing economic circumstances.

Continue reading "Review of 65 default retirement age brought forward to 2010" »

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

July 10, 2009

Gender pay gap reversed in Whitehall

Women earn more than men in many public sector organisations - but only in lower grade jobs, according to research from the BBC.

Figures obtained under a freedom of information request show that in 14 out of 17 organisations, women earned more than men in administrative assistant and administrative officer jobs.

Continue reading "Gender pay gap reversed in Whitehall" »

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July 9, 2009

Earl refuses to allow gay couple to marry in castle

The 18th Earl of Devon, Hugh Courtenay, has had his licence to hold civil partnerships at his home, Powderham Castle near Exeter, revoked after refusing to allow a gay couple to hold their nuptials there. The Earl, who is a devout Christian, said that his religious beliefs were behind his decision. He has now resorted to selling off family heirlooms to make up the income that the 600-year old castle generated as a wedding venue. Read more on the Daily Mail website.

See the XpertHR employment law manual for guidance on the law relating to sexual orientation discrimination (subscription required).
Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

July 6, 2009

Default retirement age: Britain's oldest boss at 101

Personnel Today is currently running a campaign for the abolition of the default retirement age (on the Personnel Today Editors' Blog), which allows employers to compulsorily retire employees at 65. There can't be many better arguments for its abolition than the story of Phyllis Self, Britain's oldest boss at 101 (on the Daily Mail website).

Continue reading "Default retirement age: Britain's oldest boss at 101" »

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July 2, 2009

Sir Alan facing sex discrimination claim

Are you missing the boardroom antics of The Apprentice? Perhaps you're yearning for just one more priceless James-ism, which included "I want it almost to be like he's willy-wonka and you're giving me the keys to the factory" and "I'm skating on thin ice - and I think Sir Alan might be waiting for it to crack".

Continue reading "Sir Alan facing sex discrimination claim" »

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

The Equality Bill: simplifying discrimination law?

By distilling the current discrimination legislation into one Equality Bill, the Government hopes to achieve a clearer legal framework for equality that will be easier to understand and implement. But has it done this? The three-part detailed analysis of the Bill (introduced into the House of Commons on 24 April 2009) published on XpertHR over recent weeks suggests that there are a number issues that are going to have to be given careful consideration if the Bill is to realise this aim.

Continue reading "The Equality Bill: simplifying discrimination law?" »

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

June 30, 2009

Female gondolier breaks 900 years of Venetian tradition

If you think your industry is male-dominated, spare a thought for all the aspiring female gondoliers in Venice. It's being reported (on the Guardian website) that Giorgia Boscolo has become the first woman in 900 years to become a gondolier on the Venetian canals.

Continue reading "Female gondolier breaks 900 years of Venetian tradition" »

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June 29, 2009

Taking dress codes too far?

There has been a recent flurry of termination of employment relationships, as a result of disregard for employers’ dress codes put in place to promote health and safety.

Continue reading "Taking dress codes too far?" »

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Parliamentary committee calls for an end to compulsory retirement

Support for an end to the "default retirement age" appears to be growing, ahead of the High Court hearing of the Age Concern and Help the Aged judicial review of the age regulations next month.

The Commons Work and Pensions Committee will recommend that the default retirement age, which allows employers to retire employees at age 65 without giving a reason or justifying the decision, should be scrapped. In its report into pensioner poverty, due to be published next month, the Committee will highlight the economic reasons for abolishing mandatory retirement now, rather than waiting for the review planned for 2011.

Continue reading "Parliamentary committee calls for an end to compulsory retirement" »

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June 25, 2009

Race discrimination and tribunals in the 1980s

I went to a talk yesterday on sex and race discrimination. One of the speakers was barrister Christopher Jeans QC who has had the benefit of appearing in employment tribunals since the early 1980s.

Continue reading "Race discrimination and tribunals in the 1980s" »

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

June 24, 2009

Prosthetic-limbed student doesn't have Abercrombie & Fitch look

A woman with a prosthetic limb who says she was made to work in the stockroom by trendy clothes retailer Abercrombie & Fitch is bringing a disability discrimination claim, according to the BBC website.

Continue reading "Prosthetic-limbed student doesn't have Abercrombie & Fitch look" »

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Age Concern retirement case - High Court date

The High Court is to hear the Age Concern and Help the Aged legal challenge to the 65 default retirement age on 16 July.

Continue reading "Age Concern retirement case - High Court date" »

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

June 22, 2009

Registrar cries foul over Islington Council's "sexual libertarian lobby"

Islington Council has demoted a registrar who refused to conduct same-sex civil ceremonies.

Continue reading "Registrar cries foul over Islington Council's "sexual libertarian lobby"" »

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June 19, 2009

Heterosexual teacher claims discrimination because of gay taunts

James Campbell, a 62-year old teacher, is claiming that he suffered discrimination, at the hands of pupils, on the grounds of his perceived sexual orientation. Mr Campbell, who is married, told Glasgow employment tribunal that he was subject to a continual barrage of crude comments by pupils suggesting that he was gay, and he now hates children. The tribunal has not yet delivered its judgment. Read more on the Daily Record website.

Continue reading "Heterosexual teacher claims discrimination because of gay taunts" »

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June 18, 2009

Religious discrimination: witches brew up trouble after social club ban

It's not just employees that can claim discrimination on the grounds of religion or belief. Religious discrimination is also prohibited in the provision of goods and services, as a church that banned a coven of witches from using its social club (on the Daily Telegraph website) may find out to its cost.

Continue reading "Religious discrimination: witches brew up trouble after social club ban" »

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June 15, 2009

Government consults on public sector equality duties

The Government has issued a consultation on specific duties designed to help public authorities perform the general equality duty set out in the Equality Bill.

The consultation can be viewed on the Government Equalities Office website Equality Bill: making it work, policy proposals for specific duties.

Jeya Thiruchelvam | | Comments (0) | TrackBacks (0) |

June 9, 2009

BNP leader, Nick Griffin, pelted with eggs outside Houses of Parliament

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Yesterday Griffin was forced to abandon his press conference in the face of protesters chanting "Stop the fascist BNP". Read more on the Telegraph website (external website).

Continue reading "BNP leader, Nick Griffin, pelted with eggs outside Houses of Parliament" »

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June 2, 2009

When a sitcom goes beyond a joke

What did you expect to read about? The Sydney Opera House, perhaps? The Hanging Gardens of Babylon? Herds of wildebeest sweeping majestically across the plain?

Continue reading "When a sitcom goes beyond a joke" »

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This month's top 10 HR questions - May 2009

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The two May bank holidays were occupying HR professionals last month, prompting the question: are part-time workers entitled to bank holidays? Another popular question concerned how to deal with bank holiday entitlement for employees on maternity leave.

Other frequently asked questions focus on redundancy and alternatives to redundancy, including whether or not an employee’s salary is protected if he or she accepts a less well-paid position as an alternative to redundancy.

Photo: Valerie Everett

Continue reading "This month's top 10 HR questions - May 2009" »

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May 29, 2009

Too few heroines in IT

Women in IT earn less, are judged more harshly and expected to achieve higher standards than their male colleagues, according to recent research by Women In Technology.

Continue reading "Too few heroines in IT" »

Jeya Thiruchelvam | | Comments (1) | TrackBacks (0) |

May 26, 2009

Nurse "sacked over church advice"

A nurse claims that he was sacked after suggesting that patients could lower their stress levels if they went to church, according to the BBC.

The NHS trust’s stance is that the nurse in question “had continuously shown a disregard for the Nursing and Midwifery’s code of conduct, which he had breached on more than one occasion”.

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

May 19, 2009

New British film planned on equal pay struggle

News from the Cannes film festival. The makers of the highly successful British comedy Calendar Girls are to tell the story of a group of female machinists in a Dagenham car plant who protested in 1968 against the unequal pay that they received when compared with their male colleagues.

Continue reading "New British film planned on equal pay struggle" »

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May 15, 2009

Age discrimination: length of service as a redundancy selection criterion

The Court of Appeal has decided that collective agreements between Rolls Royce and trade union Unite could use an approach that gave more points to employees with longer service when deciding who should be made redundant, in an important age discrimination ruling.

Continue reading "Age discrimination: length of service as a redundancy selection criterion" »

Stephen Simpson | | Comments (0) | TrackBacks (0) |

May 21, 2009

Why the 2009 recession is boom time for women workers in the City

Following on from our look at just how much women's standing in the workplace has improved since 1943, more heartening news arrives regarding women's fortunes in the City of London.

Continue reading "Why the 2009 recession is boom time for women workers in the City" »

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May 15, 2009

Why women should think like men when it comes to salary

Top tip for women: think like a man, ask for another £50,000 - and you’ll probably get £25,000. (OK, you might have to downsize the figures a bit if you’re not at director level, but you get the general picture.)

Why XX must think like XY to earn more K - on the BBC website.

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May 5, 2009

This month's top 10 HR questions - April 2009

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During April, the impact of the repeal of the dispute resolution procedures at the beginning of the month was evident, with the most frequently asked question on XpertHR concerning whether or not employers are obliged to deal with grievances raised by ex-employees.

Other popular FAQs covered maternity leave in connection with annual leave and car allowances, and whether or not it is acceptable to ask employees of foreign origin to communicate in English while at work?

Photo: Charles Chan

Continue reading "This month's top 10 HR questions - April 2009" »

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

April 29, 2009

Equal pay audits: how hard can it be?

Equal pay audits. How difficult can they be? Well, if you have read the Equalities and Human Rights Commission's guide to the process, you may well come to the conclusion that they are both enormously difficult and exceptionally time consuming.

But with the threat of compulsion (on The Times website) hanging over their heads, HR departments do now need to show willing by auditing pay within their own organisations for signs of sex discrimination, and then doing something about their findings.

Continue reading "Equal pay audits: how hard can it be?" »

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Equality Bill: consultation on multiple discrimination

The Government has issued a consultation paper, Equality Bill: assessing the impact of a multiple discrimination provision (PDF format, 892K) (on the Government Equalities Office website), on its plans for making provision for multiple discrimination in the Equality Bill.

Continue reading "Equality Bill: consultation on multiple discrimination" »

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April 27, 2009

Equality Bill published

The long-awaited Equality Bill (UK Parliament website) has been published.

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April 24, 2009

Equality Bill laid before Parliament

The Equality Bill 2009 is expected to be published in full on 27 April 2009, having been laid before Parliament today.

House of Commons order of business for 24 April 2009
First reading of Equality Bill in Parliament

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March 23, 2009

Working Families charity reports significant increase in redundancy and discrimination calls

The charity Working Families has recorded a significant increase in calls to its helpline related to redundancy and discrimination.

Continue reading "Working Families charity reports significant increase in redundancy and discrimination calls " »

Joanna Stubbs | | Comments (0) | TrackBacks (0) |

Good to see someone taking age diversity seriously ...

Agency offers 82-year-old ex social worker £50 an hour [on Personneltoday.com].

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Religion and belief - the UK top 10

Browsing around the Employers Forum on Belief website, have just come across the 10 most popular religions/beliefs in the UK, based on answers to the 2001 Census.

Continue reading "Religion and belief - the UK top 10" »

Joanna Stubbs | | Comments (0) | TrackBacks (0) |