-
- Type:
- Employment law guide
In the case of Good Law Project Limited v EHRC the High Court confirmed that the EHRC's interim guidance concerning single-sex spaces and the definition of "sex" is not unlawful, while in Hutchinson v County Durham, an employment tribunal found that allowing a trans woman to use female changing rooms in circumstances when other staff objected amounted to harassment and indirect sex discrimination.
It is important for HR to recognise that matters relating to gender identity and the use of single-sex facilities are sensitive. These situations must be managed thoughtfully to prevent discrimination and harassment claims.
See: Supporting non-binary and transgender employees: Supporting an employee who is transitioning
-
- Type:
- Leading practice guides
Updated to reflect figures on sexual orientation from the ONS Annual Population Survey and the experiences of LGBTQ+ employees in Stonewall research.
-
- Type:
- Employment law guide
Updated to include a reference to the protection from harassment measures in the Employment Rights Bill, published on 10 October 2024.
-
- Type:
- Leading practice guides
Enhanced with guidance on using artificial intelligence (AI) in the recruitment process.
-
- Type:
- Leading practice guides
Leading practice guide discussing the challenges LGB employees can experience at work and how employers can help to address and overcome them.
-
- Date:
- 17 December 2020
- Type:
- Commentary and insights
While the focus has been on the impact of the coronavirus pandemic, HR professionals have still had their fair share of employment law cases to keep track of in 2020. We highlight seven noteworthy cases from 2020 that employers should know about.
-
- Type:
- Employment law cases
In NH v Associazione Avvocatura per i diritti LGBTI, the European Court of Justice held that a senior lawyer's comments on a radio programme that he would not wish to recruit homosexual people fell within the scope of the Equal Treatment Framework Directive (2000/78/EC) even though his firm was not recruiting, or planning to recruit, at the time.
-
- Type:
- Employment law cases
In Allen v Paradigm Precision Burnley Ltd and another, an employment tribunal found that homophobic comments made by colleagues to to a gay employee amounted to sexual orientation harassment.
-
- Type:
- Employment law cases
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
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.