Tag Archives: race discrimination

UK: Pay gap reporting – EHRC recommendations and HSF review of gender pay gap reports published so far

The Equality and Human Rights Commission has recently published research into gender, ethnicity and disability pay gaps, along with a strategy for reducing those gaps, available here. The strategy’s recommendations include Government legislation to make the right to request flexible … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Discrimination – burden of proof ruling highlights need for employers to present positive case

In Efobi v Royal Mail the EAT has ruled that it is not incumbent on the claimant in a discrimination claim to prove a prima facie case: it is for the tribunal at the end of the hearing to consider … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Legislation – Employment law reform proposals during the Summer 2017 General Election

The main parties' manifestos for the general election all contained numerous proposed employment law reforms, the Conservatives promising "the greatest expansion in workers' rights by any Conservative government in history" while Labour included a 20 point "plan for security and equality … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Indirect discrimination – Supreme Court ruling makes it easier for claimants to establish prima facie indirect discrimination

Employers should review whether their policies and practices could be disadvantaging employees with a particular protected characteristic. The Supreme Court has ruled that statistics showing a disparate impact may be enough to get an indirect discrimination claim off the ground; … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Legislation – consultations on caste discrimination, electronic balloting and reforming the tribunal system

On 28 March the Government Equality Office published its long-awaited consultation on caste discrimination, announced back in September 2016. The consultation will run until 18 July 2017 and seeks views on whether preventing caste discrimination is best done by legislation … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

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 Workplace culture, diversity and discrimination (including bullying and harassment)

UK: No race discrimination claim where vulnerable migrant workers abused due to immigration status

The Supreme Court in Taiwo v Olaigbe and Onu v Akwiwu has ruled that less favourable treatment due to a vulnerable immigration status was not direct race discrimination;  immigration status is not expressly a protected characteristic and cannot be equated … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Race discrimination – care needed over instructions on language to be used in the workplace

The recent EAT ruling in Kelly v Covance Laboratories serves as a reminder of the discrimination risks inherent in prohibiting employees from speaking in their native (non-English) language. In this case, the employee's claim that an instruction not to use … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Race discrimination – ‘race’ may encompass caste

The EAT has confirmed that, although the Equality Act does not yet expressly include caste as a protected characteristic, it is included within the meaning of 'ethnic origins', at least where it is linked to concepts of ethnicity, and is … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

Hong Kong: British employment law rights extended to employees based outside of Great Britain

The English Court of Appeal has held that Hong-Kong based cabin crew who served on flights between Hong Kong and London can bring age and race discrimination claims in England under English law (British Airways plc v Eliza Mak (2010))

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Filed under Jurisdiction: Asia, Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)