Employment Law Update : Focusing on equal opportunities

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Employment Law Update Focusing on equal
opportunities
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• Hey baldy hope this isnt going to take too
  long Im busy

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Ever growing list

• Gender - 1970s
• Race - 1970s
• Disability - 1990s
• Sexual orientation - 2000s
• Religion - 2000s
• Philosophical belief - 2000s
• Age - 2000s

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Broader impact on employers

• Potential grievances to deal with
• - time
• - office politics
• - impact on morale
• Changing office culture

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Who could be liable?

• Everyone
• - employers
• - employees
• - third parties note changes to sexual
  harassment legislation
• Personal liability
• Remember - compensation for discrimination all
  uncapped - including injury to feelings

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Who is protected?

• Actual employees/workers
• Ex-employees

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Where does it apply?

• From cradle to grave and beyond
• Workplace
• At a time and/or place associated with workplace
• Work related social functions planned and
  unplanned could be covered

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Disability Discrimination

• Definition-key area of contention
• Knowledge of disability?
• Direct discrimination
• Less favourable treatment change due to
  property case
• Reasonable adjustments
• - think laterally
• Defences
• Coleman v Attridge Law
• - seriously extends the protective ambit of DDA
• Compensation-injury to feelings

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Discrimination on grounds of religion or
philosophical belief

• Protection against discrimination on grounds of
  religion or belief
• Ladele v London Borough of Islington
• Protection against discrimination on grounds of
  no religion or belief
• Spreading the message?
• Carbon emissions?
• Opening for political protection

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Sexual Orientation

• Protection on grounds of sexuality and (mis)
  perception
• Indirect comments that are overheard

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Age Discrimination

• Stereo-typical assumptions about age
• - either young or old
• - culture of workplace
• Humiliating/distressing comments
• Comments about employees relatives/partners
• 65 and out? Heyday challenge
• Length of service for redundancy still acceptable

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Equal Opportunities Policy

• Importance of policy
• Keep up to date
• Training
• Reporting
• Sensitivity and commonsense

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Disciplinary warnings

• Usual situation warnings expire after period of
  time
• Slight change unexpired warning if still some
  smoke and related offence

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Happy holidays

• Pereda v Madrid Movilidad
• - employees who are sick during their planned
  holidays have the right to take leave at a
  later date

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Cyber-bullying

• Form of abuse
• The function of email/internet policies
• Policing and consistency

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Summary

• Time of great change
• Need to keep up to date on developments
• Seek advice early

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Any Questions?