Discrimination in relation to the age of employees, job seekers or trainees, regardless of whether they are younger or older, is unlawful under the Equality Act 2010.

It is important to understand the different types of age discrimination, which include:

 Direct Discrimination

• This occurs when an employee, job seeker, or trainee is treated in a unfavourable manner due to their actual age, perceived age or the age of someone they associate with.
• In relation to discrimination due to an employees actual age, this can actually be justified as long as it can be classed as a “proportionate means of achieving a legitimate aim”, for example all employees should receive at least the national minimum wage for the age range. Although there are exceptions, as a younger employee may be entitled to receive a higher wage, due to their length of service.

• ANONYMITY IN EMPLOYMENT TRIBUNALS

  

  Anonymity currently remains conflicted in the early life of employment tribunals especially in relation to more delicate circumstances, such as sexual harassment in the workplace. Although when it does not involve criminal proceedings, anonymity is used to protect the reputation of all parties.

  In some circumstances, employers facing an employment tribunal can claim for an anonymity order to protect their organisation. However, they must give valid reasoning for waving their right to anonymity and avoiding open justice.

  Facing an employment tribunal claim can be problematic for employers, due to the negative press they may receive as a result, which may impact the organisations reputation, which is why applying for anonymity may be something to consider.

• BA FACES FRESH CLAIM FROM CRUCIFIX CASE

  

  The British Airways employee, Nadia Eweida, who won her claim against the airline for religious discrimination, has began a new employment tribunal claim against her employer for victimisation.

  Back in 2006, the 69-year old BA employee, who is a Coptic Christian from South-West London, was told by her superiors at British Airways to hide her religious crucifix chain, whilst on the job. After losing an appeal, Ms Eweida took BA to the European Court of Human Rights, where they ruled that British Airways had violated their employee rights under Article 9 of European Convention on Human Rights. The article states that one of the “foundations” of democratic society is that of religious freedom, and because of this she was awarded £25,600 in costs and compensation.

   Over ten years later, she is now pursuing a fresh claim against British Airways, with accusations of victimisation and harassment, as a result of her claim against the company. Ms Eweida made a statement in relation to the new claim, stating:

• COURT OF APPEAL RULES AGAINST MORRISONS FOR DATA BREACH

  Supermarket chain, Morrisons face paying out compensation claims to more than 5,000 of their staff after the Court of Appeal upheld the High Court’s ruling in regard to Morrisons being liable for the data leak conducted by their former employee, Andrew Skelton.

  The supermarket chain is now involved in the UK’s first data leak group action, due to Mr Skelton’s actions in 2014, in which the former senior internal auditor leaked payroll data whilst working at Morrison’s head office in Bradford.

  The claimants are a mixture of both former and current employee, who allege that the data breach enabled them vulnerable to the possibility of identity theft and financial losses. This has been ruled as Morrison’s responsibility, and they are therefore in breach of data protection, privacy and confidence laws.

• DISMISSING EMPLOYEES

   

  An employer should be vigilant when considering an employee dismissal, ensuring that they carry out an essential enquiry in to the matter at hand, before deciding on a dismissal, as this option should be the last resort.

  Before considering a dismissal, an employer should try to resolve any issues on an informal basis, which could involve a private chat with the staff member in question, before deciding the next steps to take.

  Employers must ensure that they have written rules regarding disciplinary procedures, and that all staff are aware of these rules and procedures.  

• ELECTRONIC SIGNATURES VALIDATED

  

  The Law Commission have now officially confirmed the validity of electronic signatures when signing formal legal documents i.e. employment contracts.

  The reason for the confirmation comes after confusion surrounding the legitimacy of electronic signatures, which resulted in many organisations being discouraged from using the electronic format.

  Utilising electronic signatures allows organisations to process contracts in a quick and efficient manner.

  Law Commissioner, Stephen Lewis confirmed this, stating:

• EMPLOYMENT LAW: #METOO AND #TIMESUP

  

  Employment Law is in a constant stream of transition, due to the ever-changing legislation. The more recent changes have focused on attitudes towards sexual harassment, which has come under scrutiny in the form of digital movements from the US, the more prominent been #MeToo and #TimesUp. Although they are US-based movements, other countries also approve of these movements, especially in the UK.

  The movements focus on speaking out about sexual harassment, as in the past sexual assaults have been kept quiet to enable the victim to protect their reputation (and often, credibility).

• EQUAL WORK, EQUAL PAY

  

  The most recent Equality Act was enforced in 2010, replacing previous legislation including the Equal Pay Act 1970. The Equality Act 2010 covers the equality of terms provisions to ensure that all men and women should receive equal pay when in similar roles.

  Currently, there are issues for employees when comparing salary pay, as in accordance with the Equality Act 2010, employees are prohibited from discussing differences in pay with each other.

  However, employees can compare their contract of employment with a comparator, which means an employee of the opposite sex with a similar role and equivalent terms. The equivalent terms can include the following:

• FSB URGES SMALL FIRMS TO DESTIGMATISE MENTAL HEALTH AT WORK

  

  The Federation of Small Businesses (FSB) have insisted that small business owners step up and lead the discussion on mental health, in order to destigmatise it in the workplace. 

  Current statistics show that one in four people within the UK have experienced mental health problems, and according to the Government’s 2017 Thriving in work report, over 300,000 people in the UK lost their jobs due to long-term mental health issues.

  FSB has recently conducted research, which revealed that more than one in five cases reported to FSB care - the health and medical service for FSB members - involved mental health issues.

• GDPR AND HR

  

  From the 25^th May 2018, to avoid the risk of breaching the General Data Protection Regulation, employer’s are obligated to take on new responsibilities, as well as updating their contracts, policies and procedures, in order to maintain compliance under the GDPR requirements.

  This means employer’s must:

• GOVERNMENT’S ACCESS TO WORK: INCREASING DISABLED WORKERS’ PROSPECTS.

  

  In July of this year, the Department for Work and Pensions (DWP) promised to inject money in to organisations, in order to provide the essential adjustments needed to increase employment opportunities for workers with disabilities.

  The DWP is now acting on this promise alongside Watford MP, Richard Harrington, who recently announced an increase in funding to the Watford area, which will benefit disabled workers. This comes after Mr Harrington invited fellow MP Sarah Newton, the Disabilities Minister, to the Watford Workshop to discuss the end of the Work Choice employment programme, alongside its Chief Executive, Linda McIntyre, who stated:

  “I am thrilled by this announcement, as it clearly shows the government’s commitment to supporting disabled people in work”.

  Mr Harrington added:

• HOW THE GENDER RECOGNITION ACT CRIMINALISES STAFF

  Following the closure of the Gender Recognition Act consultation, many people have voiced their opinions regarding the need to reform the act, due to a variety of problematic issues.

  The Employment Lawyers Association (ELA) have discussed the negative implications of the Gender Recognition 2004 act and have called for a repeal of section 22 of the act, which they believe inadvertently criminalises innocent members of staff, especially HR employees who assist trans job seekers.

  Section 22 of the Gender Recognition Act 2004 states:

• HOW TO MAKE YOUR HR POLICIES GDPR COMPLAINT

  The General Data Protection Regulation (GDPR) was enforced on the 25^th May 2018, which applied major changes to the way data is protected, enabling employers to reconsider their employment and HR procedures, and amend them in order to comply with GDPR requirements.

   Employers should maintain focus on the following factors:

• LGBT DISCRIMINATION IN THE WORKPLACE

  

  In accordance with the Equality Act 2010, it is unlawful to discriminate against anyone because of their gender, sexual orientation or gender reassignment. These forms of discrimination occur frequently, especially amongst the LGBT community. LGBT consists of individuals who identity as a Lesbian, Gay, Bisexual and Transgender, who in recent years have experienced a vast level of discrimination in the workplace.

  In order to understand the experiences of the LGBT community, the Government Equalities Office (GEO) conducted a national survey in July 2017 on the LGBT community, the largest of its kind. The survey focused on a variety of experiences that the LGBT community face every day in the UK including: personal safety, healthcare, education and employment.

• MORRISONS NEXT IN LINE TO FACE EQUAL PAY CLAIM UP TO £1BN

  Morrisons has become the latest supermarket chain to come under fire regarding equal pay, which could result in the well-established company facing up to £1 billion worth of fines.

  The London-based law firm, Leigh Day announced their intentions to submit a claim with the employment tribunal for eight of Morrison’s employees - mainly female - who are under the impression that they are being paid far less than employees located in Morrison’s warehouses, who are mostly male.

  The law firm confirmed that their estimates of £1 billion stem from the additional employees who may potentially make a claim. As Morrisons currently has around 80,000 staff working in stores, who may have experience equal pay discrimination and will want to bring a claim against the retailer.

• PR LEADERS URGE EMPLOYERS TO GO BEYOND REPORTING TO REDUCE PAY GAPS

  

  The UK government have recently discussed plans addressing workplace discrimination by requiring employers to report their organisations ethnicity pay gap.

  On the 11^th of October, Theresa May launched a consultation in order to determine the need for organisations to report ethnic imbalances in the workplace, as the prime minister relayed that ethnic minority workers can “feel they’re hitting a brick wall when it comes to career progression.”

  The government and some PR industry leaders feel reporting is necessary, with statistics showing that 15.6 per cent of ethnic minorities are in the lowest pay bracket.

• RACE DISCRIMINATION AT WORK.

  In accordance with the Equality Act 2010, which has set out rules in relation to racial discrimination against potential and current employees in the workplace. This includes discrimination against colour, nationality, and ethnicity.

  There are four main types of racial discrimination, including:

  • Direct Discrimination, which occurs when an employee is treated less favourably in relation to another member of staff due to their actual race, perceived race, or the race of an employee’s associate.

  • REASONABLE ADJUSTMENTS IN THE WORKPLACE

    

    Under the Equality Act 2010, organisations must provide reasonable adjustments in the workplace in order to accommodate anyone who has a long-term illness, impairment or disability.

    A reasonable adjustment is where an employer removes or minimises anything, within reason, that disadvantages their employee.

    ‘Within reason’ is clearly important, as a small business would not likely have the resources to accommodate all employees who may be at a disadvantage, whereas larger organisations are more likely able to adjust.

  • RELIGIOUS OR BELIEF DISCRIMINATION AT WORK.

     

    

    It is unlawful to discriminate against anyone for their religion or belief, as well as an individual’s lack of religion or belief, in accordance with the Equality Act 2010.

    In a work environment, all employees should be protected against discrimination of their religious faith or philosophical belief. This ensures that all aspects of religion and philosophy are equal, and that one employee’s faith or belief does not dominate another, including their superiors’ religion or belief.

    In respect of philosophical beliefs, an individual or group must show substantial evidence of their belief system being a dominant aspect in their lives. This should also ensure that their belief does not conflict with the fundamental rights of their colleagues. The main focus areas to consider when dealing with religion or belief discrimination include:

  • SEX DISCRIMINATION AT WORK

    

    Under the Equality Act 2010, It is deemed unlawful to discriminate against someone based on their gender. Sex discrimination usually occurs in work environments; therefore, employers should ensure that their policies and procedures in place to deal with any complaints regarding discrimination.

    There are four different types of sex discrimination, including:

    • Direct Discrimination, which occurs when someone treats you unfairly in comparison to someone of a different gender. An example of this would be if a pregnant employee was apprehended for being off sick because of her morning sickness. This is direct discrimination against pregnant women.

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