Case Study: Older employee told “better suited to traditional agency”

September 17, 2019October 7, 2017 by

The recently reported case of Gomes v Henworth Limited and another. The Claimant had been employed since 2009 by an estate agent as an Administrative Assistant. During a conversation about alleged shortcomings with her work (errors in a letter that was sent out). The tribunal found that the second Respondent, Mr Graham Gold, had said that she would be “better suited to a traditional agency”. That comment, along with suggestions …

Whistle-Blowing Claims: What is meant by “in the public interest?”

September 17, 2019October 6, 2017 by

As of 2013 (the Enterprise and Regulatory Reform Act 2013) Claimants in whistle-blowing claims have to establish that the public interest disclosure that they rely upon was made “in the public interest”. A recent Court of Appeal decision, Chesterton Global Limited & Another v Nurmohamed & Another [2007 EWCA Civ 979] has provided some additional insights as to what “in the public interest” means. In this case, there was some debate …

Cohabitees and others not protected by marriage discrimination

June 9, 2021October 4, 2017 by

Originally conceived to prevent women from being dismissed upon marrying, marriage discrimination now prevents those who are married or civil partners from being subjected to any type of discrimination. Section 8 of the Equality Act 2010 does not protect: single people; people who live together; the divorced or those whose civil partnerships have been dissolved; Engaged couples. Who is not protected? People who are not married or civil partners are …

Ramadan: A Guide for Employers

September 17, 2019October 3, 2017 by

Ramadan is a worldwide month of fasting observed by Muslims in the ninth month of the Islamic Calendar. Ramadan will next fall on the 16th May 2018 until the 14th June 2018. Muslims avoid eating or drinking liquids between daybreak and sunset. There are exceptions for the ill, diabetics, breastfeeding mothers and other groups who may suffer in health terms by fasting. The pre-dawn meal is called the suhur …

Does the law protect those who live together but are not married or civil partners?

June 9, 2021October 2, 2017 by

The law does a lot to protect the rights of people who are married and in civil partnerships but does not recognise the rights of people in other types of relationship so readily.

Fall in numbers of Zero hours contracts

June 9, 2021October 2, 2017 by

Between April and June 2017 the number of workers whose main job was a zero hours contracts was 883,000 according to the Office for National Statistics.

There has been a fall in the number of zero hours contracts from 2.9% to 2.8% compared to the same time last year.

National Living Wage (rates and when they apply)

June 9, 2021September 28, 2017 by

Rate from April 2017 Age Living Wage Rate 25+ years £7.50 21-24 £7.05 18-20 £5.60 16-17 £4.05 Apprentice £3.50 Workers must be paid the above rates according to their age group for every hour that they work. The calculation is based on work as a whole. That means if a person is paid a rate above the living wage for some of the work they do then that may balance …

When does protection from discrimination start?

September 17, 2019September 27, 2017 by

Unlike some other areas of employment law, there is no qualifying period for the protection from discrimination. Not only is discrimination unlawful from the very first day in employment, protection starts from the moment a person applies for a job.

Protected Characteristics: What are they?

September 17, 2019September 26, 2017 by

The Equality Act 2010 protects employees and job applicants from being subjected to discrimination (less favourable treatment). It makes it unlawful to treat a person, or group of people, differently or subject them to harassment on the grounds of certain defined areas.

Sexual Harassment in the Workplace

June 9, 2021September 26, 2017 by

Sexual harassment is unwelcome sexual behaviour which either violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment also describes situations in which people are treated less favourably because they either submit to or reject sexual conduct. Harassment may be verbal, non-verbal or physical Verbal: Name calling with a sexual theme, comments about appearance and attractiveness, questions about sex life, comments and …