Tag Archives: disability discrimination

UK: Disability-related discrimination – extra care needed when dismissing for misconduct

Employers should take extra care when disciplining a disabled employee for conduct which could be connected with the disability. In City of York Council v Grosset, the employer found itself guilty of discrimination arising from disability even though it had … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Termination of employment

UK: New publications – ACAS guidance – productivity, terminal illness, dress codes, gender pay gap reports

Acas has issued guidance for line managers to help run effective teams and on dealing with life-threatening conditions at work, and has updated its dress code guidance in light of research showing discrimination against employees with visible tattoos.  It has … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Resources

UK: New publications on disability, apprenticeship, e-cigarettes, and racist abuse

The following new employment law-related resources have been published: DWP updated guidance on employing disabled people, including information on the new Disability Confident symbol new DfE guidance on the revised apprenticeship system advice on from Public Health England e-cigarettes and … Continue reading

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Filed under Discrimination and equal pay

UK: Disability duty to make reasonable adjustments may require employers to consider pay protection when moving employees to different roles

Where an employee is unable to continue in their original role due to disability, it may be a reasonable adjustment both to move them to a new role and to maintain their former rate of pay if that is higher … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

Australia: One size plaster cast does not fit all – Navigating the pitfalls of dismissing an injured or incapacitated worker

In brief Many employers will, at some point, be faced with the difficult task of terminating the employment of an employee who has been absent from work for some time and is no longer able to perform their job due … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Australia, Termination of employment, Workplace Health and Safety

UK: Disability discrimination cases on discipline for misconduct and expectation to work long hours

Employers should take extra care when considering disciplining a disabled employee for misconduct, to determine if there is a link between the conduct and the disability and, if so, to ensure that the treatment is justified.  A recent EAT judgment establishes … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: New resources on human rights, terminal illness, database of tribunal decisions

The EHRC has published guidance for board directors on business and human rights. The TUC has launched a Dying to Work campaign, seeking better employment law rights for those with terminal illness and asking employers to sign up to a voluntary … Continue reading

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Filed under Discrimination and equal pay, Employment tribunal process, Resources

Hong Kong: Consultation on standard working hours proposals and recommendations for discrimination law reform

The Standard Working Hours Committee has released a discussion paper for public comment on policy options for regulating working hours in Hong Kong. Currently, there is no statutory restriction on the number of working hours for employers aged 18 years … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Asia, Working time rights: statutory holiday and other rest

UK: New publications – data transfer, discriminatory adverts, autism, bonus tax avoidance schemes

The Information Commissioner's Office has issued interim guidance following the publication of the proposed EU-US Privacy Shield framework to facilitate the transfer of personal data from the EU to the US (see here). The ICO helpfully confirms that it is … Continue reading

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Filed under Data protection, Discrimination and equal pay, Jurisdiction: UK, Remuneration, Resources

UK: Disability – EAT confirms “normal day-to-day activities” includes general work-related activities

Employers should bear in mind that, for the purposes of determining what amounts to a protected disability, "normal day-to-day activities" will be construed broadly and will include work-related activities, at least where these are general activities common across a number … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK