Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


Click to show the answer What are the benefits to employers in adopting an equal opportunities policy?

Click to show the answer How can an employer improve its equal opportunities record?

Click to show the answer Is it lawful for an employer to dismiss a complaint of harassment or bullying from an employee who is thought to be "over-sensitive"?

Click to show the answer Can employers be held liable for harassment that takes place during a work-related social event?

Click to show the answer Is an employer liable for offensive and/or potentially discriminatory material or comments posted on its intranet bulletin board?

Click to show the answer If a business client harasses an employee, is the employer liable?

Click to show the answer Can an employer be liable for harassment of an employee by other employees because he or she is gay?


Click to hide the answerAre employers required to monitor their employees' sexual orientation?

There is no requirement to collect data on sexual orientation. However, employers may wish to consider adding sexual orientation to the categories by which they carry out monitoring. There are likely to be particular sensitivities about employees or job applicants sharing information about sexual orientation and information can be requested on a voluntary basis only. As a result the information collected may not give an accurate picture. The ACAS guidance on the Employment Equality (Sexual Orientation) Regulations 2003 suggests that organisations wishing to monitor by sexual orientation may wish to consider seeking specialist advice concerning the methods and format of monitoring in this sensitive area, and that raising awareness of sexual orientation issues amongst the workforce may provide a sound foundation for moving to monitoring at a later date. If employers decide that they do wish to monitor by sexual orientation, they should inform employees and job applicants of the reasons for the monitoring, and advise them that they are under no obligation to provide the information and that, if they do, the information will be kept confidential and be used for only the purposes described.

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Click to show the answer Can an employer be liable for harassment of an employee by other employees because of his or her religion or belief?

Click to show the answer Are employers required to monitor their employees' religions and beliefs?

Click to show the answer How can employers avoid allegations of unfair and/or discriminatory treatment when allowing employees to take time off to watch football?

Click to show the answer What "positive action" is permitted under discrimination legislation?

Click to show the answer Where an employer follows the statutory retirement procedure in dismissing an employee, can the dismissal attract a discrimination claim?

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