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Equality, diversity and human rights

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  • Type:
    Employment law cases

    Religious discrimination: Justifying shift rota requiring work on Sabbath

    In The City of Oxford Bus Services Ltd t/a Oxford Bus Company v Harvey, the Employment Appeal Tribunal (EAT) held that, when deciding if an employer's working arrangements are justified, the tribunal must focus on justifying the rule in the particular circumstances of the business, rather than the application of the rule to the individual.

  • Type:
    Employment law cases

    Maternity leave: Redundancy form sent to employee's inaccessible work email address

    In South West Yorkshire Partnership NHS Foundation Trust v Jackson and others, the Employment Appeal Tribunal (EAT) held that, as long as the miscommunication came from an administrative error, an employee whose redundancy redeployment form was sent to an inaccessible work email address was not unfavourably treated because she was on maternity leave.

  • Type:
    Employment law cases

    Positive action: Police force's recruitment process discriminated against white heterosexual man

    In Furlong v Chief Constable of Cheshire Police, an employment tribunal held that a police force's recruitment process discriminated against a white heterosexual male candidate who was rejected after the positive action provisions in the Equality Act 2010 were applied to a pool of 127 applicants who passed the interview stage.

  • Date:
    25 February 2019
    Type:
    Commentary and insights

    What do workforce equality standards mean for NHS employers?

    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.

  • Type:
    Employment law cases

    Dismissal for "cohabitation outside marriage" is not religious discrimination, rules EAT

    In Gan Menachem Hendon Ltd v De Groen, the Employment Appeal Tribunal (EAT) held that a claim of direct religious discrimination cannot be sustained simply on the basis that an employer acted in the way it did because of its own religious beliefs.

  • Type:
    Employment law cases

    Equal pay: Asda shop workers can compare themselves with warehouse staff

    In Asda Stores Ltd v Brierley and others, the Court of Appeal held that workers in Asda supermarkets are entitled to compare their pay with the pay of depot workers because common terms of employment apply.

  • Type:
    Employment law cases

    Criminal record checks: "Multiple convictions rule" breaches human rights

    In R (on the application of P) v Secretary of State for the Home Department and other appeals, the Supreme Court held that the criminal record checks rule requiring disclosure where a person has more than one conviction, regardless of the circumstances of the offences, is incompatible with the European Convention on Human Rights.

  • Date:
    25 January 2019
    Type:
    Podcasts and webinars

    Podcast: #MeToo - sexual harassment in the workplace

    Kelly Thomson, legal director at law firm RPC, gives us some top tips on the steps that employers can take to prevent sexual harassment. Kelly also gives her insight into how employers should deal with complaints of sexual harassment in the workplace and the key pitfalls that they should avoid.

  • Type:
    Employment law cases

    Age discrimination: Public-sector pension changes discriminated against younger judges and firefighters

    In Lord Chancellor and another v McCloud and others; Ministry of Justice v Mostyn and others; Secretary of State for the Home Department and others v Sargeant and others, the Court of Appeal held that the Government's view that "it felt right" to protect older workers with transitional provisions when making changes to pensions for judges and firefighters was insufficient to defend direct age discrimination claims.

  • Date:
    11 January 2019
    Type:
    Case studies

    How Aviva is helping its employees plan for the longer term with a mid-life MOT

    Aviva talks to XpertHR about its mid-life MOT, designed to help employees in the 45 to 60 age bracket plan for the longer term, as well as to reduce employee attrition in this group.

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