Changes to flexible working arrangements : sex discrimination
We report on an Employment Tribunal decision where Bannatyne & Fitness was found guilty of sex discrimination for trying to force an employee to work at weekends. Background Emma Halt, the Claimant in this case, had worked at her fitness… Read on
What are protected characteristics?
Protected characteristics are personal characteristics which are protected by discrimination law. The following characteristics are protected: Sex Race Disability Age Religion or belief Sexual orientation Transgender status To find out more about how these protected characteristics can give rise to… Read on
What are flexible working requests?
A flexible working request is a request to alter working times or conditions. Requests can be made for any reason, but need to be made in the correct format by employees with at least 26 weeks’ continuous service. Once a… Read on
Stress did not amount to disability
We report on a case where the stress suffered by an employee due to his work situation and subsequent litigation was not sufficient to give rise to a disability. Background In this case the Claimant, Mr Herry, brought a wide-ranging… Read on
Sex segregation not discriminatory
This case involves the segregation of pupils between the ages of 9 and 16 at a school, in order to reflect an Islamic ethos. Was this discriminatory? Background This was a challenge by the school to an inspection report which… Read on
Discrimination by agent (not employer)
We report on a case where a union was held to be liable because of the actions of its officials who were actually employed by a third party, Heathrow Airport, not the union. Background In this case (Unite Union v.… Read on
Gay cake case continues
The Irish case highlighting tensions between religious conviction and equal rights has now been determined in the Court of Appeal of Northern Ireland. It concerns a bakery’s refusal to make a cake carrying the message “support gay marriage”. Background The… Read on
Pay protection a reasonable adjustment?
We report on a case where, due to his disability, an employee was given reduced duties, but the employer wanted to reduce his salary accordingly. Were they allowed to do this? Background Mr Powell was employed by G4S Cash Solutions… Read on
Ban on Islamic head scarf: direct discrimination
The Advocate General of the European Court of Justice has recently considered a case in France, where there was a blanket prohibition on Islamic head scarves in a company. This was found to be direct discrimination, and further, because it… Read on
Brexism – be aware
Since the Brexit vote to leave the EU, a political divide has arisen between two very deeply held beliefs amongst the British public. Much of the divide has become extremely emotional. Matters are likely to be compounded because on one… Read on