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Unlike some other areas of employment law, there is no qualifying period for the protection from discrimination. Not only is discrimination unlawful from the very first day in employment, protection starts from the moment a person applies for a job.
The Equality Act 2010 protects employees and job applicants from being subjected to discrimination (less favourable treatment). It makes it unlawful to treat a person, or group of people, differently or subject them to harassment on the grounds of certain defined areas.
Sexual harassment is unwelcome sexual behaviour which either violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment also describes situations in which people are treated less favourably because they either submit to or reject sexual conduct. Harassment may be verbal, non-verbal or physical Verbal: Name calling … Read more
Definition of harassment The Equality Act 2010 defines harassment at Section 26 as follows: A person (A) harasses another (B) if A engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect of either: Violating B’s dignity, or Creating an intimidating, hostile, degrading, humiliating or offensive environment for B. … Read more
A recent report by the Women and Equalities Committee, is calling for better protection from discrimination for new mothers. If new proposals go ahead, pregnant women and new mothers may be given better protection from redundancy at work. Following a report published by the Women and Equalities Committee, earlier this year, a redundancy ban for … Read more
What are your pregnancy rights in the workplace? Pregnant employees have the right to be treated the same as other employees in the workplace. They should not be discriminated against because of their pregnancy. UK law has given protection to pregnant employees by providing pregnant employee rights which aim to prevent pregnancy discrimination. Employees have been given … Read more
Age discrimination during the recruitment process is unlawful under the Equality Act 2010. If you find that you have been discriminated against when applying for a job or during the interview process, you may be able to make a claim for age discrimination in the employment tribunal. Examples of Age Discrimination during the Recruitment Process … Read more
Case law highlights the need for openness in the advertising of internal job opportunities. In Uddin v Westex Carpets Ltd ET/1805994/12 Mr Uddin had worked for twenty years as a night shift manager. He was hoping to apply for a promotion when one of the senior managers retired. Unfortunately the vacancy was never advertised and a white … Read more
There are several notable employment law cases which deal with whether or not a single remark can constitute dismissal. In Richmond Pharmacology v Dhaliwal [2009] UKEAT it was held that a remark made to a Claimant about the possibility of her being “married off in India” was capable of violating her dignity and did constitute … Read more