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Can employers indirectly discriminate on grounds of colour blindness?

Can employers indirectly discriminate on grounds of colour blindness?

EU law requires all member states to ensure that individuals suffering discrimination receive appropriate remedies, including compensation. If an employee wins a discrimination claim, section 124(2) Equality Act 2010 (EA) says that an employment tribunal can make a...

Shared parental leave – is it working in practice?

Shared parental leave – is it working in practice?

Maternity Action has published a report on how they believe the shared parental leave provisions should be reformed. The charity suggests that the current scheme just doesn’t work. Government data shows that only 3.6 per cent of eligible fathers took shared parental...

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Can employers fire and rehire?

Can employers fire and rehire?

In economically hard times, or when a business is restructuring, the ability to change employment terms can be an essential tool. The law does not allow an employer to change employment terms unilaterally, so giving lawful notice and offering a new contract in return...

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The price of workplace conflict

The price of workplace conflict

ACAS has produced a new report called ‘Estimating the cost of workplace conflict’. It presents a snapshot of how conflict can affect businesses and the potential costs that may be involved. The report says that in 2018 to 2019, 9.7 million UK employees experienced...

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Health and safety dismissal was unfair

Health and safety dismissal was unfair

Section 100(1)(a) Employment Rights Act 1996 says that an employee is unfairly dismissed if they were dismissed for carrying out activities assigned by the employer which are designed to reduce or prevent health and safety risks. A dismissal under this section will be...

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When should employers assess an employee’s disability?

When should employers assess an employee’s disability?

In order to qualify as a disability under the Equality Act 2010, an impairment must have a substantial and long-term adverse effect on an employee’s ability to do day to day activities. The long-term requirement is met if the impairment has lasted, or is likely to...

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Changing terms and conditions – Covid-19

Changing terms and conditions – Covid-19

Many employers have changed terms and conditions during the pandemic, whether to access the furlough scheme or to enable the survival of the business through economically unprecedented times. Some employees have been willing to agree to those changes, keen to avoid a...

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Companies must be on track for Covid-safe workplace

Companies must be on track for Covid-safe workplace

Companies anticipating a return to the workplace in June, if the Government’s route map stays on track, should be planning how to protect workers and customers once the country is released from the current Covid-related restrictions.  Although the Government may...

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Directors’ liability

Directors’ liability

Directors are governed by the Companies Act 2006, which requires them to act in good faith in the best interests of the company, taking into account the interests of employees. Directors must also exercise reasonable care, skill and diligence in their duties. A...

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Working practises

Working practises

The silver linings to the Covid-19 cloud often involve a new sourdough habit or less time commuting. The Office for National Statistics has done a study of working patterns during the pandemic which may show some more unexpected silver linings. Unsurprisingly, the...

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Disability discrimination

Disability discrimination

The definition of disability is contained in s6 Equality Act 2010. A person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities. Substantial means more...

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Unfair dismissal

Unfair dismissal

Reinstatement and reengagement are potential remedies in an unfair dismissal claim. Reinstatement means the employee is put back into the job from which they were dismissed. Re-engagement means that an employee is taken back on by the business in comparable employment...

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Sex discrimination

Sex discrimination

Direct discrimination happens if an employer treats an employee less favourably than it treats others because of sex. A female employee would need to show that she has been treated less favourably than a real or hypothetical comparator of the opposite sex whose...

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