Sexual Orientation

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New Year, New Problems

New year, new problems.. 2010 saw key developments in case law which Ozlem Kulle and Helen Besch outline in their articles. This article highlights key cases that are likely to be decided in 2011. Age discrimination The ECJ is considering in the German...

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...

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...

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...

'Q' is for Questionnaires

When an employee fears that he may have been discriminated against by his employer, proving this can be an extremely daunting prospect: realistically, what employer will readily admit to discrimination when challenged?.  The employee will have to decide...

'L' is for... Love Contracts

What is a Love Contract? In the United States , “love contracts” are used to protect employers should love arise between two of their workers.  They take the form of agreements between the amorous couple and the employer which confirm...

'G' is for Gay Discrimination

Official Whitehall figures released in December 2005 say that 6% of the UK adult population, or about 3 million people, are lesbian, gay or bisexual.  A recent survey has found that whilst many homosexuals and bisexuals are open about their sexual...

Sexual orientation in the City

The Employment Equality (Sexual Orientation) Regulations 2003 (“the Regulations”) came into force on 1 October 2004.  Since that date, lawyers have been keenly awaiting cases and decisions arising out of these Regulations.  Prior to 1...

Assigning discrimination against transsexuals to the annuls of history

Society is a strange beast.  It’s trite to say that each of us is an individual – but it happens to be a universal truth: we each have our own fears, strengths, aspirations and desires.  Many of us keep some or all of those facets of...

"Pink Weddings": what will change in the workplace once the knot has been tied?

With Elton and David leading the way down the aisle amid a media frenzy, hundreds of couples are reported to have followed suit.  Civil partnerships or “gay weddings” became lawful in the UK on 21 December 2005.  Under the new laws,...

The New ACAS Guidance Code on the sexual orientation regulations 2003

In November 2005, ACAS introduced a guide for employers and employees to assist in interpreting the Employment Equality (Sexual Orientation) Regulations (“the Regulations”) which came into force on 1 December 2003.  The Guidance is a vital...

The Sexual Orientation Regulations: limp wristed or pink power?

The Employment Equality (Sexual Orientation) Regulations 2003 (“the Regulations”), which came into force in December 2003, made it unlawful for an employer to discriminate against a worker because of his/her sexuality. The lack of reported case...

Think Pink! - the first successful case under the new sexual orientation legislation

Whilst it is not always possible to know, as most cases are settled and those that fight are not always reported, it appears that an employee has recently brought the first successful case under the new Employment Equality (Sexual Orientation) Regulations...