Legal guidance

All items: Equality, diversity and human rights

  • Political beliefs in the workplace: what does the law say?

    Date:
    15 October 2019

    As the debate over Brexit reaches a crescendo and leavers and remainers disagree on what should happen next, Richard Fox examines the extent to which employers can allow political debate in the workplace.

  • Ascertaining whether an employee has a disability

    Date:
    2 October 2019

    Charles Wynn-Evans examines the issues arising from HR referring an employee to occupational health and the lessons to be learnt from two cases that focused on whether the employers had "constructive" knowledge of disability.

  • Reasonable adjustments for disabilities: Seven examples for employers

    Date:
    17 September 2019

    The Equality Act 2010 imposes a positive obligation on employers to make reasonable adjustments that will assist disabled individuals. While employers may be familiar with the duty, sometimes it is not straightforward deciding what is "reasonable". We explore some of the key factors as we look at seven situations where adjustments were found to be reasonable.

  • "Something arising" from disability - the stretchiest words of the Equality Act 2010

    Date:
    21 August 2019

    The protection against discrimination arising from disability under s.15 of the Equality Act 2010 is framed to give HR sleepless nights. Jason Braier explains why as he looks at how the courts and tribunals are construing "something arising".

  • July 2019 employment law announcements: Key proposals for HR

    Date:
    26 July 2019

    July 2019 saw progress made on an unusual number of proposed employment law changes. The Government published consultations covering workplace sexual harassment, statutory sick pay, family-friendly leave and pay, flexibility in working hours, modern slavery statements, and enforcement of worker rights. It also made announcements on changes to the laws on rehabilitation periods for offenders, settlement agreements, and protection against redundancy during pregnancy and maternity leave.

  • Associative discrimination: Four scenarios for employers to look out for

    Date:
    26 June 2019

    The wording of the Equality Act 2010 means that employers can be liable for "associative discrimination", which is sometimes referred to as "discrimination by association". We explain the concept and set out four example scenarios that HR professionals, line managers and employees should avoid because they might lead to claims of associative discrimination.

  • Perceptive discrimination: Four scenarios for employers to avoid

    Date:
    26 June 2019

    The way in which the Equality Act 2010 is drafted means that employers can be liable for "perceptive discrimination", which is sometimes referred to as "discrimination by perception". We explain what this means and set out four example scenarios that HR professionals, line managers and employees should avoid because they might lead to perceptive discrimination claims.

  • No requirement to match enhanced maternity pay with enhanced shared parental leave pay

    Date:
    25 June 2019

    Consultant editor Darren Newman examines the recent Court of Appeal decision that puts paid - for now at least - to the argument that employers that offer enhanced maternity pay must offer the equivalent for employees on shared parental leave.

  • Whistleblowing v grievance: how should sexual harassment be raised?

    Date:
    20 June 2019

    Following high-profile allegations of sexual harassment by staff, employees are now more empowered to speak up about inappropriate behaviour than ever before. But how they raise their complaint also dictates how an organisation should handle it. Catherine McGrath explains.

  • How to use anti-discrimination policies more successfully

    Date:
    21 May 2019

    Tolerance of discrimination at work is arguably at an all-time low. But if employers want to escape vicarious liability for the discriminatory acts of their employees, they need to do more than just have policies in place, argues Shoshana Bacall.

About this category

Legal guidance: HR and legal information and guidance relating to equality, diversity and human rights.