Unconscious bias led to unfair dismissal by the NHS

  How can you be sure that your organisation follows a discrimination free decision making? A well updated equality and diversity policy manual, a fully trained workforce? But are these enough? Irrespective of the best efforts of employer, sometimes discrimination cases are unavoidable.  A survey collated over the last 5 years, has found that while … Read more

Case Study: Uplift of injury to feelings awards in discrimination cases

The Court of Appeal has recently provided clarification as to whether uplifts in damages should be applied to injury to feelings awards in Employment Tribunal discrimination cases. The personal injury case of Simmons vs Castle provides authority for an uplift to damages of 10% in certain types of personal injury claims. The increase in compensation … Read more

Time off for religious observance

There is no legal right to time off for religious duties, prayer, worship and festivals.  That said, employees who have been refused time off for religious festivals have brought successful claims in employment tribunals for religious discrimination where there has not been a legitimate business reason behind the refusal.  Muslim employees in a Tesco store … Read more

Case Study: Older employee told “better suited to traditional agency”

The recently reported case of Gomes v Henworth Limited and another.  The Claimant had been employed since 2009 by an estate agent as an Administrative Assistant.  During a conversation about alleged shortcomings with her work (errors in a letter that was sent out).  The tribunal found that the second Respondent, Mr Graham Gold, had said … Read more

Cohabitees and others not protected by marriage discrimination

Originally conceived to prevent women from being dismissed upon marrying, marriage discrimination now prevents those who are married or civil partners from being subjected to any type of discrimination.  Section 8 of the Equality Act 2010 does not protect: single people; people who live together; the divorced or those whose civil partnerships have been dissolved; … Read more

Protected Characteristics: What are they?

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 in the Workplace

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

Harassment in the Workplace

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

Detriment Claims – What are they?

If you have suffered a detriment at work, you may be able to claim against your employer in the employment tribunal. A detriment at work is when an employee is treated in an unfair manner by the employer but that does not go as far as to dismiss the employee. What is a detriment? A … Read more