Today is World Mental Health Day and across social media today we have seen a variety of messages including from celebrities that “It’s ok not to be ok.” Talking about mental health on any day and not just World Mental Health Day is good because it raises awareness and helps to remove the long held […]
Sarah King Employment Solicitor
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News – Discrimination
Cancer in the workplace
According to research those who are diagnosed with cancer in the workplace is rising. According to Cancer Research UK each year almost 120,000 people of working age are diagnosed with cancer in the UK. Employees who have been diagnosed with cancer will get automatic protection from disability discrimination under the Equality Act 2010. Cancer is […]
Uplift in discrimination cases
The Court of Appeal has handed down its decision in the long running saga of whether or not we should be applying the 10% uplift in damages established by the Court of Appeal in Simmons v Castle in the employment tribunal. The case of De Souza v Vinci Construction (UK) Ltd was heard before the EAT […]
Discrimination arising from disability
The Claimant brought a claim of discrimination arising from disability following his dismissal in the recent case of Risby v London Borough of Waltham Forest. The employee was a wheelchair user. His employer changed the venue for a course to one which was inaccessible to him as a wheelchair user. The employee lost his temper. […]
Banning the Hijab?
The Advocate General has recently given an opinion that the employer who banned a hijab when in contact with clients acted unlawfully and had committed an act of direct discrimination. The case was a French case brought before the recent issues over dress in France. The employee was a female engineer. She was a practising […]
Making reasonable adjustments
Under the Equality Act 2010, an employer has a duty to make reasonable adjustments for disabled employees. The issue in claims is often whether adjustments were reasonable once the issue of whether they are disabled within the meaning of the Act 2010. In the recent EAT case of G4S Cash Solutions (UK) Ltd v Powell, […]
Discrimination against job applicants
The European Court has heard the first case concerning whether the Equal Treatment Directive applied to an applicant who made an application not because he wanted a role but rather to seek compensation for discrimination. The applicant applied for a trainee position as a graduate when he was neither. His application was rejected at the first round and […]
Discriminatory job adverts
The Equality and Human Rights Commission (ECHR) has published a number of useful items for employers to consider before advertising for positions. The first is guidance concerning advertising and what equality means for advertisers and publishers which you can read here. There is also a best practice checklist and a frequently asked questions document about […]
Childcare vouchers during maternity leave
, which were provided through salary sacrifice, would be suspended during maternity leave. Donaldson wished to join the childcare vouchers scheme but refused to join on these terms as she believed that it was discriminatory. She brought a claim instead in the Tribunal that her employer had discriminated against her on the grounds of pregnancy […]
New ACAS Equality Guides
ACAS has published three new guides on equality which are detailed and set out the best practices for businesses to follow in the areas equality. The three guides are entitled: Equality and Discrimination: Understanding the Basics Prevent Discrimination: Support Equality Discrimination: What to do if it happens The guides can be found here and […]