Equality, diversity and human rights

New and updated

• 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.

• Type:

  Letters and forms

  Tailored reasonable adjustments plan for disabled employee

  A model tailored reasonable adjustment plan for an employee with a disability.

• Type:

  Policies and procedures

  Supporting employees with HIV and AIDS policy

  A model policy on employees with HIV and AIDS, which includes recruitment and selection, HIV testing, disclosure and confidentiality, the management of employees affected by HIV and AIDS, and first aid and health and safety procedures.

• Type:

  Employment law cases

  Shared parental pay: Tribunal should rehear indirect sex discrimination claim, rules EAT

  In Hextall v Chief Constable of Leicestershire Police and another, the Employment Appeal Tribunal (EAT) remitted to a fresh tribunal the issue of whether or not a police force's policy of giving a period of full pay to mothers on maternity leave, but paying only statutory shared parental pay to partners, is indirectly discriminatory.

• Type:

  FAQs

  Are employers required to monitor their employees' religions and beliefs?

• Type:

  FAQs

  Is an employer able to record a meeting with an employee to ensure that it has an accurate record of the meeting?

• Type:

  Employment law cases

  Shared parental pay: EAT overturns finding of sex discrimination

  In Capita Customer Management Ltd v Ali and another, the Employment Appeal Tribunal (EAT) held that the failure to pay a father shared parental pay at the same rate as an employee on maternity leave is not sex discrimination.