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Equality, diversity and human rights

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  • Type:
    Employment law cases

    Criminal records: disclosure of acquittal did not breach job applicant's human rights

    In R (on the application of AR) v Chief Constable of Greater Manchester Police and another, the Supreme Court held that, although the disclosure of the appellant's acquittal for rape was an interference with his human rights, it was justified. However, the Court expressed concern at the lack of guidance for employers on how to deal with disclosures of serious criminal charges that result in acquittals.

  • Type:
    Employment law cases

    Discrimination arising from disability: Withdrawal of job offer after reference highlighting absences

    In South Warwickshire NHS Foundation Trust v Lee and others, the Employment Appeal Tribunal (EAT) held that a decision to withdraw a job offer that was at least partially influenced by a reference that focused on the applicant's sickness absence levels was discriminatory.

  • Date:
    26 July 2018
    Type:
    Commentary and insights

    10 ways of improving employee inclusion at your organisation

    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.

  • Type:
    Employment law cases

    EAT considers if belief in right of creative ownership is a philosophical belief

    In Gray v Mulberry Company (Design) Ltd, the Employment Appeal Tribunal (EAT) held that a tribunal had been entitled to conclude, on the particular facts, that a belief in the importance of copyright ownership lacked sufficient cogency to qualify as a philosophical belief.

  • Type:
    Employment law cases

    Court of Appeal rules on employer liability for third-party harassment

    In Unite the Union v Nailard, the Court of Appeal held that the union was liable for the acts of its lay officials because they were acting as its agents, but that the union was not liable for failures by its employed union officials to prevent discrimination by third-party lay officials.

  • Type:
    Employment law cases

    Disability discrimination: Dismissal after menopausal symptoms resulted in medication mix-up

    In Davies v Scottish Courts and Tribunals Service, an employment tribunal upheld the unfair dismissal and disability discrimination claims of a court officer whose menopausal symptoms led to an incident in which she thought her medication had contaminated a water jug.

  • Date:
    25 May 2018
    Type:
    Commentary and insights

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

    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.

  • Type:
    Employment law cases

    Court of Appeal clarifies approach to discrimination arising from disability

    In City of York Council v Grosset, the Court of Appeal held that the dismissal of a teacher for showing an 18-rated film to his pupils amounted to discrimination arising from his disability, even though the school had not been aware that the teacher's conduct was linked to his disability.

  • Type:
    Employment law cases

    EAT confirms importance of "context" in harassment cases

    In Bakkali v Greater Manchester Buses (South) Ltd t/a Stage Coach Manchester, the Employment Appeal Tribunal (EAT) held that asking a Muslim employee whether or not he supported IS did not amount to harassment because, given the context, the offending comment was not "related to" his religious belief or race.

  • Type:
    Letters and forms

    Equality, diversity and inclusion (EDI) monitoring form

    A model form to gather personal information about individual job applicants to ensure that the recruitment process is being carried out fairly and without discrimination.

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