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Equality, diversity and human rights

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  • Type:
    Employment law cases

    Withdrawing offer of overseas posting was not direct disability discrimination

    In Owen v Amec Foster Wheeler Energy Ltd and another, the Court of Appeal held that refusing to allow a disabled employee to undertake an overseas posting due to medical concerns did not amount to direct disability discrimination.

  • Type:
    Employment law cases

    Dismissal for inappropriate religious conversations was fair, rules Court of Appeal

    In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.

  • Type:
    Employment law cases

    Racial harassment: Staff encouraged to use offensive terms during diversity training exercise

    In Georges v Pobl Group Ltd, an employment tribunal upheld a black employee's harassment claim after she attended diversity training at which the trainer wrote racially offensive terms on a flipchart and staff were encouraged to shout out the most offensive words that they could come up with.

  • Date:
    12 April 2019
    Type:
    Commentary and insights

    Menstruation: Is period pain a disability?

    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.

  • Date:
    11 April 2019
    Type:
    Commentary and insights

    Positive action in recruitment: Cost of getting it wrong

    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.

  • Type:
    Employment law cases

    Disability discrimination: EAT considers if car parking space is a reasonable adjustment

    In Linsley v Revenue and Customs Commissioners, the Employment Appeal Tribunal held that the employer's discretionary car parking policy was a relevant factor to be taken into account in determining the issue of reasonable adjustments, as was the particular disadvantage suffered by the employee, namely the stress of searching for a parking place.

  • Type:
    Employment law cases

    Sexual orientation discrimination: Tribunal identifies wrong hypothetical comparator

    In Governing Body of Sutton Oak Church of England Primary School and others v Whittaker, the Employment Appeal Tribunal held that an employment tribunal failed to identify an appropriate hypothetical comparator when deciding that a gay teacher's dismissal for inappropriate meetings with a pupil constituted sexual orientation discrimination.

  • Type:
    Employment law cases

    Constructive dismissal: School mishandles disciplinary action against headteacher

    In Governing Body of Tywyn Primary School v Aplin, the Employment Appeal Tribunal (EAT) upheld a headteacher's constructive dismissal and sexual orientation discrimination claims after his school mishandled disciplinary action over his lawful sexual activities with two 17-year-olds he met through Grindr.

  • Type:
    How to

    How to use positive action when taking steps to close the gender pay gap

    Practical guidance on using positive action when taking steps to close the gender pay gap, including the difference between positive action and positive discrimination, measures that could amount to positive action and how to develop an action plan.

  • Type:
    Employment law cases

    Dismissing mentally ill employee for failing to attend meetings was discrimination, decides tribunal

    In Flemming v East of England Ambulance Services NHS Trust, an employment tribunal held that an NHS Trust discriminated against a mentally ill employee by dismissing him for gross misconduct following his failure to attend a sickness absence review meeting and occupational health appointments.

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