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?

In what circumstances could an employer's requirements and conditions of the job lead to claims of discrimination?

In specifying the requirements for a job, what steps can an employer take to ensure that it is not liable to claims of indirect discrimination?

How can an employer ensure that its application forms are not discriminatory?

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

How can an employer ensure that line managers draw up a shortlist for a position without unlawfully discriminating against applicants?

Can an employer be held liable if an unsuccessful applicant provides evidence that he or she may have been discriminated against during an interview?


Does an unsuccessful job applicant require concrete evidence to prove that he or she was discriminated against?

Because employment tribunals work to the "balance of probabilities" test, they do not require an applicant to provide proof beyond reasonable doubt that he or she suffered discrimination. If the applicant can prove facts from which the tribunal could conclude that the employer has committed unlawful discrimination, the burden of proof shifts to the employer to provide a satisfactory, non-discriminatory explanation. For example if a female applicant who is rejected for a position can show that a male candidate was appointed who was less suitable for the job in terms of qualifications, experience and skills, on the face of it, it could be concluded that she has been discriminated against on the ground of her sex. The employer will have to show that it had a non-discriminatory reason for selecting the male candidate.

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