Blog - Employment

Section 15 Equality Act 2010

In an arising from claim under S 15 Equality Act 2010 there are two distinct causative issues: 1.Did A treat B unfavourably because of an (identified) “something” and 2. did that “something” arise in consequence of B’s disability.   If the Claimant (B) establishes the above, the Tribunal must them go on to consider the […]

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Religious Freedom in the Workplace

Article 9 of the ECHR, which is one of “the Convention rights” set out in Sch. 1 to the Human Rights Act 1998 (“HRA”), provides that:   “(1) Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in […]

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Payment for Shared Parental Leave & Maternity Leave

Payment for Shared Parental Leave & Maternity Leave Is it unlawful discrimination on the basis of sex – whether direct, indirect, or because the operation of the sex equality clause implied into all terms of work by the Equality Act 2010 (“the EA”) – for men to be paid less on shared parental leave than […]

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Holiday Pay & Voluntary Overtime

Holiday Pay & Voluntary Overtime   Article 7 of the Working Time Directive states as follows:   Annual leave   Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such […]

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Non-Disclosure Agreements

Non-Disclosure Agreements   The Women and Equalities Committee have been undertaking an inquiry into the use of non-disclosure agreements in discrimination cases. The Committee reported on 5th June 2019 and there is a link to the full report at the end of this blog post. In the report, MPs condemned the routine cover-up of allegations […]

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 Justification in Age Discrimination

 Justification in Age Discrimination   It is well understood by employment law practitioners that cost alone cannot amount to justification of indirect discrimination (Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330). This has led to the development of so-called ‘cost+’ justification arguments. An example of cost + justification is where an organisation seeks […]

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Early Conciliation Number & Claim Form Information

Early Conciliation Number & Claim Form Information   Rejection: form not used or failure to supply minimum information   10 (1)     The Tribunal shall reject a claim if— … (c)     it does not contain one of the following—   (i)     an early conciliation number; … (2)     The form shall be returned to the claimant with […]

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Working Time Regulations Detriment/Dismissal

  Working Time Regulations Detriment/Dismissal   Part V Employment Rights Act 1996 (ERA) covers situations where a worker is protected from suffering a detriment in employment. The right not to be unfairly dismissed (employees only) is found in Part X. S45A ERA states as follows: 45A. Working time cases. (1). A worker has the right […]

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Reversal of the Burden of Proof in Discrimination Claims

Reversal of the Burden of Proof in Discrimination Claims   Section 136 of the EqA reads as follows:   (1) This section applies to any proceedings relating to a contravention of this Act. (2) If there are facts from which the Court could decide, in the absence of any other explanation, that a person (A) […]

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CCTV Surveillance at Work

CCTV Surveillance at Work   Article 8   Article 8 of the Convention reads as follows:   “1.  Everyone has the right to respect for his private … life …   There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law […]

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