Commentary and insights

All items: Equality, diversity and human rights

  • 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.

  • Menstruation: Is period pain a disability?

    Date:
    12 April 2019

    Many men and women still view menstruation as a taboo topic and feel uncomfortable talking about periods, even though they affect 51% of the UK population at some point in their life. Natalie Taylor looks at whether period pain can constitute a disability and at ways employers can support women with more severe symptoms.

  • Positive action in recruitment: Cost of getting it wrong

    Date:
    11 April 2019

    While positive action in recruitment is laudable, and to be encouraged as a means of overcoming disadvantage and low participation, employers need to think very carefully about how they go about it, because if they make mistakes the cost may be high. Jason Braier explains why.

  • What do workforce equality standards mean for NHS employers?

    Date:
    25 February 2019

    Equality is high on the agenda of most NHS employers. As well as being subject to the gender pay gap reporting regime, NHS employers are required to comply with an equality standard in relation to race, and from April 2019 will be required to comply with a standard on disability. Nicky Green from law firm Capsticks explores what the standards mean for NHS employers.

  • Discrimination arising from disability: questions remain about "unfavourable treatment"

    Date:
    3 January 2019

    Consultant editor Darren Newman suggests that a recent Supreme Court decision raises more questions than it answers about the tricky issue of what exactly constitutes "unfavourable treatment" because of something arising in consequence of a disability.

  • Ethnicity pay gap reporting: Next steps for employers

    Date:
    6 November 2018

    The Government is consulting on taking forward its proposals to require large employers to publish ethnicity pay data. We investigate what shape the legislation might take; the challenges that an ethnicity pay gap reporting obligation would pose; what reporting employers are already carrying out; and the potential implementation timetable.

  • 10 ways of improving employee inclusion at your organisation

    Date:
    26 July 2018

    Inclusion is essential for high performance but too many organisations only pay it lip service, writes Lee Russell of learning consultancy OnTrack. But there are 10 steps companies can take improve inclusion, and thus productivity.

  • Successful "discrimination arising from disability" claim in respect of fair dismissal

    Date:
    25 May 2018

    Consultant editor Darren Newman explains how the difference between the test of reasonableness in relation to unfair dismissal and the test for justification in relation to "discrimination arising from disability" led to an interesting - and important - Court of Appeal decision.

  • Gender pay gap and equal pay: what's the difference?

    Date:
    10 November 2016

    Gender pay and equal pay are frequently confused. However, there are key differences between the two and employers need to be aware of their obligations in relation to both.

About this category

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