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:

The Equality Act 2010 sets out the rights and responsibilities of disabled workers, who are either mentally or physically disabled, protecting them against discrimination in the workplace.

To clarify, an employee can be categorised as disabled if they have a long-term physical or mental impairment, which hinders them from carrying out everyday tasks in the workplace, which could include: manual handling, Navigating a computer, colleague interaction, etc.

There are various types of disability discrimination, including:

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.  

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:

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.

• 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.

  • SEXUAL HARASSMENT IN THE WORKPLACE

     

     

    Sexual harassment claims in the workplace are on the rise, and any employee who feels as though they have experienced harassment in a sexual manner, should be made aware of the process for making a complaint.

    The legal definition of sexual harassment includes the following:

    “A person (A) harasses another (B)”

    “A engages in unwanted conduct of a sexual nature”

    And “the conduct has the purpose or effect referred to in subsection (1)(b)”

  • STUC ACCUSED OF RACE DISCRIMINATION.

    

    A former employee of the Scottish Trade Union Congress (STUC), Zaffir Hakim, has recently been successful in his race discrimination case against the STUC, with the assistance of the Equality and Human Rights Commission. Ultimately, the Employment Appeal Tribunal ruled that Mr Hakim had been unfairly dismissed by STUC, after 11 years of service working under a Scottish Government-funded scheme. This scheme was actually targeting workplace racism, although ultimately decided to allow Mr Hakim’s white colleague to stay on in a similar role.

    Zaffir Hakim started work under the STUC in 2003, working as a Development Officer for the One Workplace Equal Rights Project, which was launched by STUC in order to “challenge discrimination in the workplace and promote good practice”. Although, Mr Hakim actually made several complaints regarding racial discrimination under STUC, stating:

  • THE BASICS OF REDUNDANCY

    

    Redundancy is the process in which an employee is dismissed for the following reasons:

    • Relocation - if the organisation relocates to an inconvenient location for the employee then they qualify for redundancy.
    • Cessation – when an employer decides to cease business or close part of the business where an employee works.
    • Surplus labour – when employers’ need to downsize their staff for various reasons including the introduction of labour-saving devices or re-organisation of the business.

    • TRANSFERRED REDUNDANCY

      

      Transferred redundancy also known as bumping occurs when an employee is dismissed, as their job is taken over by another staff member who was originally made redundant.

      The discussion surrounding transferred redundancy is problematic for employers, as there is evident uncertainty regarding whether or not bumping should be discussed with employees during a redundancy consultation, and whether or not the employer or the employee is the first to it up in conversation, there is not actually a legitimate set of language that is currently in place for such discussion.

      In the case of Mirab v Mentor Graphics (UK) Ltd, the Employment Tribunal concluded that as the claimant employee did not discuss the idea of bumping or taking on a new role, they decided in favour of the employer.

    • UNFAIR DISMISSALS

      

      If an employee began working after the 6^th April 2012, they can only claim unfair dismissal after two years of continuous employment, whereas if they were employed prior to the 6^th April 2012 then they can claim for unfair dismissal after one year of continuous employment.

      The costs incurred to an employer in relation to unfair dismissals depend on the circumstances. If the Tribunal decides you are liable, then you may be charged for the compensation award up to £72,300, as well as a basic award of up to £12,900. Although the maximum costs are only awarded in extreme cases, as the tribunal awards compensation based on the reasons for dismissal and the behaviour of the employer in the dismissal process.

    • “WORKING MUMS” AWARDED £16,000 FOR SEX DISCRIMINATION.

       

       

      Essex-based Dental nurses, Billie-Jo Janes and Jessica Rowley have recently been awarded a total of £16,000 for unfair redundancy, due to their inability to work full-time, as working mothers.

      In July 2017, the two women were informed of their redundancy, with the explanation that their employer had no need for part-time workers, and as working mums they could not adhere to the dental practices demands. 

      Both Miss Janes and Miss Rowley contacted their union, Unite, working together to bring the surgery to an Employment Tribunal, after being offered insufficient compensation from the surgery.

      The employer was taken to an employment tribunal for unfair dismissal regarding gender discrimination, where Judge Foxwell ruled that the dental practice was guilty of “unlawful indirect sex discrimination”.

      The Employment Tribunal awarded a pay-out each of £6,000 plus £498 interest for “injury to feelings for unlawful indirect sex discrimination”, with added payments for statutory rights and loss earnings, resulting in a total of £7,500 awarded to Miss Jane, 26 and £8,159 awarded to Miss Rowley, 29.

      After the ruling, Miss Rowley, who has now found a position at another dental surgery, stated: