Discounting Disability-Related Sickness Absence
When an employee takes too much time off sick, you would usually follow your organisation’s disciplinary procedure, issuing warnings and, if attendance doesn’t improve, potentially dismissing them for incapacity. But while ill-health incapacity is potentially a fair reason for dismissal, employers must also ensure they are not unlawfully discriminating against someone on the grounds of […]
Discrimination at Work
Unlawful discrimination at work can have serious implications for an organisation, even if this is unintentional. Workplace discrimination claims typically result in high awards of damages against employers. Equally, discriminatory conduct in the workplace can easily lead to conflict, tainting working relationships and fostering a negative working environment and damaging the employer brand. As an […]
Sexual Orientation Discrimination: A Guide
Sexual orientation is one of the protected characteristics under the Equality Act 2010. The Act protects lesbian, gay and bisexual people from direct discrimination, indirect discrimination, harassment and victimisation at work. These rules also apply to anyone who is perceived to be lesbian, gay or bisexual or experiences discrimination because they associate with gay people. These […]
Sexual Harassment Guide for UK Employers
Everyone should be able to go about their work without the fear of encountering unwanted conduct of a sexual nature. While sexual harassment at work has been prohibited by UK law for many decades, this kind of conduct and its damaging effects still continue, making the issue an ongoing concern for employers. New legislation is […]
Age Discrimination: Guide for Employers
Age discrimination, also known as ageism, is one of the most common forms of unfair treatment at work. Age discrimination is often associated with bias against older employees, but younger workers can also face discrimination based on their age. For older workers, discrimination might include being overlooked for promotions, excluded from training opportunities, or facing […]
Same Job Different Pay: Is it Illegal in the UK?
In the UK, equal pay laws are designed to ensure that employees performing the same or similar work receive the same pay, regardless of their gender or other protected characteristics. Under the Equality Act 2010, it is generally illegal to pay employees differently for the same job if the disparity is based on gender, race, […]
Indirect Discrimination Guide for Employers
Indirect discrimination is unlawful under the Equality Act 2010. This means employers by law must ensure they are not treating certain individuals or groups of employees unfairly, even if this treatment is unintentional. Employees may be able to take legal action against their employer if they are unlawfully subjected to indirect discrimination in the workplace. […]
Objective Justification (Discrimination Defence?)
As an employer, you are under a duty not to discriminate against someone unlawfully, including both workers and job applicants. That said, the law recognises that there may be circumstances where an employer has good reason to justify treating someone less favourably, or causing disadvantage to a particular group of people. Known as objective justification, […]
What Is Positive Discrimination?
Understanding what is meant by positive discrimination, and how this applies within the workplace, plays an important part in creating a fair and inclusive working environment without unlawfully discriminating against anyone. The following guide examines the concept of positive discrimination in the context of equality and diversity at work, including the difference between positive discrimination […]
Positive Action in the Workplace
Employers are under a legal duty not to discriminate against prospective or existing employees, either negatively or positively. However, that is not to say employers cannot take ‘positive action’ to assist certain groups of people that are potentially at a disadvantage or under-represented within their workforce. In this article we examine what amounts to taking […]