discrimination

Government rejects opportunity to make menopause a protected characteristic

In July 2022, the Women and Equalities Committee published a report making a number of recommendations for the further protection of individuals affected by the menopause.  On 24 January 2023, the government published its response to the recommendations and, in a move which will be seen by many as disappointing and a missed opportunity, has …

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Embracing neurodiversity in business: What you need to know

Five years ago, in 2017, a Harvard Business School Professor opined in the Harvard Business Review that neurodiversity is a competitive advantage which employers should embrace within their workforces1.  The Review’s article identified that the sometimes extraordinary skills of many neurodiverse individuals were not being tapped into by employers because of the traditional way in …

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Employment tribunal holds that barristers’ chambers discriminated against barrister due to her ‘gender critical’ philosophical beliefs

In Bailey v (1) Stonewall Equality Ltd (2) Garden Court Service Company (3) representatives of Garden Court Chambers, an employment tribunal has held that a barristers’ chambers, Garden Court Chambers, discriminated against a barrister, Allison Bailey, due to her protected belief that a woman is defined by her sex. Ms Bailey’s discrimination claim against Stonewall …

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Discover your organisation’s D&I rating with our new D&I index

In 2022, diversity and inclusion (D&I) is a top priority for most organisations which recognise its importance as a key component of an effective environmental, social and governance (ESG) framework. With this in mind, DLA Piper’s Employment group is pleased to launch a 15 minute D&I index. Our index will assist your organisation to identify …

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Update on legislative reforms impacting employers

Employers may remember that back in the pre-COVID world of July 2019, a series of consultation papers was published in quick succession in the final days of Theresa May’s office as Prime Minister. These consultation papers sought views on a wide and varied range of proposals with a potentially significant impact on employers: Extended protection …

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Stale equality training will not provide employers with a defence to discrimination claims

In the case of Allay (UK) Limited v Gehlen, the Employment Appeal Tribunal (EAT) has recently reinforced the importance of up-to-date equality training for employees. Without it, employers may struggle to successfully demonstrate that they have taken all reasonable steps to prevent discrimination and harassment in the workplace and will, therefore, be potentially liable for …

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Be Aware UK: Response to consultation on extending workplace protection for pregnant women and new parents

The government’s last-minute flurry of legislative activity looks set to continue right up to the parliamentary summer recess; today the government has issued its response to consultation on extending workplace protection for pregnant women and new parents as part of the Good Work Plan. Research by the Department for Business, Energy and Industrial Strategy (BEIS) …

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Government consults on extending redundancy protection for women and new parents

The Government has launched a new consultation on extending redundancy protection for women and new parents. It comes off the back of key issues raised in the Women and Equalities Select Committee 2016 report and the recommendations made by the Taylor Review of Modern Working Practices.  The consultation closes on 5 April 2019. In summary, …

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Government’s response to WEC’s report on sexual harassment in the workplace

Earlier this year, the Women and Equalities Committee (WEC) launched an inquiry into sexual harassment in the workplace, gathering a range of evidence from oral and written submissions. This culminated in July 2018 in the publication of its report on Sexual harassment in the workplace, which found that the Government, regulators and employers are all …

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Supreme Court rules that it was not unlawful discrimination for a bakery to refuse to supply a cake supportive of gay marriage.

In an important case which has highlighted the difficulties which can arise when balancing the rights of individuals with different protected characteristics, the Supreme Court has held in Lee v Ashers Baking Company Ltd and ors,  that it is not unlawful discrimination, either on grounds of sexual orientation or political opinion, for a bakery to …

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Disparate pay for maternity and shared parental leave may be indirect discrimination

Following the EAT’s recent ruling, in Capita Customer Management Limited v Ali, that a father who wished to take shared parental leave was not directly discriminated against in not being entitled to the higher maternity pay rate which the employer paid to employees taking maternity leave, the EAT has handed down judgment in Hextall v …

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Employers do not discriminate by paying more for maternity leave than shared parental leave

The EAT has confirmed in Capita Customer Management Limited v Ali that a father who wished to take shared parental leave was not directly discriminated against in not being entitled to the higher maternity pay rate which the employer paid to employees taking maternity leave. Capita’s maternity, paternity and shared parental leave policies applying to …

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Supreme Court ends employment tribunal fees with immediate effect

Employment tribunal fees were introduced for the first time in July 2013, and have been subject to challenge ever since. Over the course of the last 4 years, UNISON has launched two judicial reviews, both of which were unsuccessful in the High Court.  In 2015, UNISON’s appeal to the Court of Appeal failed.   Leave to …

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Scope for ban on Islamic headscarves in the workplace remains limited

The European Court of Justice has decided that an internal rule which prohibits the visible wearing of any religious sign does not constitute direct discrimination based on religion or belief. Although such a rule might constitute indirect discrimination, it may be objectively justified. Facts Ms Achbita (A) was employed, in Belgium, as a receptionist by …

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The ill-treatment of domestic migrant workers because of their immigration status does not amount to race discrimination under the Equality Act 2010

Bethan Odey and Emma Phillips, Senior Associates in our Birmingham office, comment: The recent case of Taiwo v Olgaigbe and another; Onu v Akwiwu and another [2016] UKSC 31 has highlighted the issues which can arise in respect of the employment rights of migrant workers. The case involved Ms Taiwo and Ms Onu, both Nigerian …

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