What are protected characteristics?

The term “protected characteristics” comes from the Equality Act 2010. Understanding what the protected characteristics are is important because any discriminatory or harassing behaviour is only unlawful if it is related to a relevant protected characteristic. The definition of protected… Read on

Is my employer’s performance management procedure fair?

Performance management is important in all organisations. Employers may use performance management systems in different ways and for a variety of reasons. This can be an emotive area where staff feel they are being criticised personally and awkward for managers… Read on

“Oh ****, she’s pregnant”

We report on a case where the redundancy of an employee returning from maternity leave was tainted by sex discrimination. Background In this case, Fidessa Plc v. Lancaster, Ms Lancaster was made redundant after returning from her second period of… Read on

Religious belief discrimination case

We report on a case where it was held not to be indirect discrimination on grounds of religion or belief for an employee to be refused holiday to attend religious festivals. Background The Claimant in this case, Mr Gareddu, claimed… Read on

Afghan interpreters unable to bring discrimination claims

The Employment Appeal Tribunal has told 2 Afghani interpreters they cannot bring claims for indirect discrimination against the government. Their claims related to their not being given protection, benefits, and relocation opportunities, despite suffering intimidation and death threats as a… Read on

Is selecting by academic ability discrimination?

Did the civil services core skills assessment (CSA) indirectly discriminate against black and minority ethnic (BME) candidates, who are statistically less likely to pass it? Yes, said the Employment Appeal Tribunal, in the case of Essop-v-Home Office (Border Agency). This… Read on