Sex

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Will there be gender pay reporting from 2016?

The Government has just issued its Consultation paper “Closing the Gender Pay Gap”, in which it outlines plans to implement Section 78 of the Equality Act 2010. This provision has lain dormant for 5 years. The new provisions will require...

Women on Boards - where are we now?

How many female CEO’s of FTSE companies can you name? Currently there are just three in the FTSE 100: Alison Cooper of Imperial Tobacco; Carolyn McCall of easyJet and Angela Ahrendts of Burberry. The Coalition has favoured the voluntary action of...

NHS consultant awarded £4.5 million for sex and race discrimination

Headlines in the press were dominated at the end of 2011 with the decision of an Employment Tribunal to award a consultant £4.5 million in relation her successful claims of unfair dismissal, sex discrimination and race discrimination against her...

Third party harassment: more than just a nuisance claim?

Many employers face allegations of harassment after the Christmas period. Recently we have seen a trend of employers facing complaints that they have not done enough to prevent harassment by third parties, such as clients or contractors. If one of your staff...

Auntie advises on maternity and sex discrimination issues affecting redundancy decisions

Dear Auntie Unfortunately, our company is planning to make an employee from our sales team redundant.  The sales team is headed by a manager who works with one male and one female assistant but we now only have enough work for one assistant. The...

2010 case round up (part 2)

This is the second serving of our selection of key cases from 2010.  1. KRAFT FOODS v HASTIE – age discrimination / justification For more details of this case, see our Ask Auntie piece from our August 2010 newsletter . Summary:  ...

Gender reassignment - what to do in unfamiliar territory

Dear Auntie,  I am aware that discrimination on grounds of gender reassignment was unlawful under the old law and assume that that is still the case under the Equality Act 2010 – is that correct?  What are the key issues and possible...

What employers really need to know about the Equality Act 2010

Dear Aunty I know that the Equality Act came into force last week, but I have not been able to keep up to speed with the changes it introduced. Please can you summarise the ones most likely to be relevant to HR? Thanks Harry Harman     ...

Top tips for dealing with discrimination claims

Companies frequently make some fairly basic mistakes when defending discrimination claims.  If you are an HR manager and you have just received notice that one of your ex-employees has decided to pursue a claim for discrimination against the Company,...

Facing up to facebook - the perils of social networking sites in the work-place

Over the past few yeas, employers have faced increasing problems arising out of the use of social networking sites and blogs in the work-place.  As a consequence, some employers have banned all use of such sites at work but this can be seen as an over...

Women and minorities only please - it's all positive stuff!

Dear Auntie,   I’m concerned about a recent decision taken by our company’s board of directors and would be grateful for your views.  It all started with the media attention around under-representation of women and minorities in...

Employment law under the new coalition government- Top Tips on what employers can expect

Information is now emerging on the changes employers can expect under the Conservative - Liberal Government. ‘The Coalition: Our Programme for Government’ was published on 20 May 2010 and outlines the following principal commitments on employment...

The Equality Act 2010 - Implications for Employers

The Equality Act received royal assent on 8 April 2010 and, according to the current Government timetable, the majority of the Act’s provisions should come into force in October 2010. The Act’s purpose is to harmonise existing discrimination...

Top Tips for Dealing with Employment Tribunal Disclosure

These top tips follow on from the guidance in this month’s Aunty Advice which details the nature of an employer’s obligation to disclose relevant documents as part of the employment tribunal litigation process. Top tips for dealing with...

Auntie Advises on Employment Tribunal Disclosure Obligations

Dear Auntie, We have just returned from a Case Management Discussion and the Employment Tribunal has ordered that disclosure be carried out over the next month.  We have a number of internal documents about the litigation which we would rather not...

Key Cases for 2010

2009 saw several key developments which Hrlaw took a brief look at in December ( http://www.hrlaw.co.uk/site/focus/employment_law_cases_2009 ). This article looks forward to 2010 and at further key cases which are likely to be decided in the new year. ...

Fighting for rights: new guidance on workplace harassment and violence

Workplace stress levels are possibly higher than ever in the current economic climate. Employees are concerned about possible redundancies, pay cuts, and having to work increasingly hard because of pressure from management.  It is at times like this...

Homeworking or homeshirking?

We have an employee who has been employed by us for 5 years.  She originally worked full time in our London office, but about a year ago made a request to work flexibly as she has young children, which we approved. She now works 3 days a week in...

Gender focussed marketing - where holding a "golf day" could leave you in the bunker

One of our teams is thinking of holding a “Spa and Shopping Day” for a number of its key female clients and contacts.  The three female managers are organising it and have invited the five other female members of the team but none of the...

Pies and Prejudice - Employers to Assist in the Battle of the Bulge

According to the Department of Health’s latest predictions, more than 12 million adults and one million children will be clinically obese by 2010, if nothing is done to curb Britain ’s addiction to unhealthy living.  The cost implications...

Women in the workplace - is the glass ceiling finally shattering?

A recent press release from the Equal Opportunities Commission (the “EOC”) has suggested that 6,000 women are “missing” from the 33,000 “top jobs” in the UK . In other words, another 6,000 women would need to take up...

Holding a love rat to account

Dear Auntie I am the HR Partner of a small firm of accountants.  I have just found out that one of the partners (who by the way is married) is having an affair with one of the secretaries.  I’ve also noticed that according to his diary...

Christmas Claims... Whose Fault is it anyway?

At what point does an employer cease to be responsible for its employees’ actions?  This is a particularly pertinent question at Christmas time when parties, lunches and other celebrations and social events provide ample opportunity for alcohol...

Changing Names

We’ve just received a race discrimination questionnaire, and threat of a claim from a job applicant whom we did not shortlist.  She claims she submitted two identical claims – one from a Siobhan Lewis and another from a LaShawna...

E is for Equal Pay

The equal pay claim is one of the least understood sex discrimination claims, but is becoming increasingly common. DTI statistics show a gender pay gap of 18% for full-time workers and 40% for part-time workers.  Organisations, particularly in the City,...