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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.
Can a heterosexual employee bring a harassment claim on the basis that he or she is offended by regular homophobic banter between colleagues? If a third party harasses an employee, will his or her employer be liable for the third party's actions under the Equality Act 2010? Can an employer restrict a job to people of a particular sexual orientation? What "positive action" is permitted under discrimination legislation? Do employers have to provide survivors' pension benefits to same-sex partners? Can an employer be liable for harassment of an employee by other employees because he or she is gay? Can an employer and/or its employees be liable for harassment on the grounds of sexual orientation where the harassers are mistaken about their victim's sexuality? Under the Equality Act 2010, can an employee bring a claim for harassment where the unwanted conduct is not directed at him or her? What issues should employers take into account if inviting employees' partners to a work-related social event? Are employers required to monitor their employees' sexual orientation? Can an employee bring a pay discrimination claim on grounds other than sex?
Inappropriate criteria or conditions can, in certain circumstances, constitute indirect discrimination under the Equality Act 2010. This applies if an employer stipulates a requirement that excludes or discourages a considerably larger number of women than men (or vice versa), people from a specific racial or religious group, people of a particular sexual orientation, disabled people or people in certain age groups. Unnecessary or marginal criteria might also be in breach of the Act.
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