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Commencement of the specific public sector equality duties delayed
The Regulations implementing the specific public sector equality duties will not come into force in July 2011 as previously expected.
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| Case law |
Sex discrimination: Royal Navy promotion system gave rise to indirect sex discrimination
In Ministry of Defence v Cartner EAT/0242/10, the Employment Appeal Tribunal (EAT) upheld the tribunal’s decision that a Royal Navy promotion board indirectly discriminated against a non-seagoing female naval officer by preferring those with seagoing experience when considering candidates for promotion.
Sexual orientation discrimination: Comments about employee's sexual orientation after he "came out" were not discrimination
The Court of Appeal held that a gay employee, who had revealed his sexual orientation at his previous office, was not discriminated against at his new office when his manager mentioned his sexual orientation to, and in front of, colleagues.
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| How to |
How to work without a compulsory retirement age
The XpertHR "how to" section provides practical guidance for employers that no longer use a policy of compulsory retirement, following the removal of the default retirement age.
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| Employment tribunal decisions |
XpertHR provides summaries of recent employment tribunal rulings involving, among other things, sex and disability discrimination.
› Female Royal Mail manager bullied by male subordinates
› Police force's disciplinary action against officer on maternity leave was sex discrimination
› Employer harassed and victimised employee after she underwent IVF treatment
› Company harassed diabetic employee by suggesting she inject insulin in toilet
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| Podcasts |
Pay cuts and sexual orientation discrimination
On this XpertHR Weekly, we discuss the EAT decision in Garside and Laycock Ltd v Booth EAT/0003/11, in which the EAT considered the test for assessing the reasonableness of a dismissal when an employee refuses to accept a pay cut. We also discuss the Court of Appeal decision in Grant v HM Land Registry [2011] EWCA Civ 769 CA, which dealt with whether or not a gay employee, who had himself revealed his sexual orientation, was discriminated against when his manager then mentioned it to colleagues following the employee's move to a new office.
Race discrimination and absence rates
We discuss the employment tribunal decision in Jain v Teachers 2 Parents Ltd ET/1900007/11, in which an Indian employee, who alleged that his employer had instructed him to adopt an anglicised alias at work, claimed that he had been the victim of direct and indirect race discrimination. We also look at the findings of the XpertHR 2011 absence rates survey.
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| From our blogs |
› Tribunal Watch's Twitter round-up: ECJ considers justification of compulsory retirement at 65
› Tribunal Watch's Twitter round-up: EHRC proposes "reasonable accommodation" for religion or belief
› Age discrimination: grey-haired woman claims US employer sacked her for refusing to dye hair
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