As well as reporting important appellate decisions, we provide summaries of recent employment tribunal decisions on sex and race discrimination
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Specific public sector equality duties
The specific public sector equality duties came into force on 10 September 2011. The Equality Act 2010 (Specific Duties) Regulations 2011 (SI 2011/2260), which apply to public bodies in England and to the non-devolved public functions of public bodies in Scotland and Wales, provide for two specific duties: the duty to publish equality information and the duty to publish equality objectives. The specific duties are aimed at assisting public authorities in the better performance of the general public sector equality duty contained in the Equality Act 2010, which has been in force since 5 April 2011.

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Liveflo
Answering a discrimination questionnaire
Use this workflow to deal with the legal and practical steps that an employer must address when it receives a discrimination questionnaire.

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Case law
Age discrimination: German collective agreement requiring pilots to retire at 60
The European Court of Justice has held that a rule in a collective agreement applicable to the crew of the German airline Deutsche Lufthansa prohibiting pilots from flying after the age of 60 is discriminatory on the ground of age.

Sexual orientation: Claimant's behaviour meant conduct complained of did not amount to harassment
In Thomas Sanderson Blinds Ltd v English EAT/0316/10 & EAT/0317/10, the EAT held that the employment tribunal was correct to look at the employee's own perceptions and feelings. The tribunal was entitled to conclude that the claimant's behaviour showed that the conduct complained of did not in fact amount to unwanted conduct with the proscribed effect.

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Employment tribunal decisions
XpertHR provides summaries of recent employment tribunal rulings involving, among other things, race and age discrimination.

› Age discrimination against teenager dismissed at 18 to avoid national minimum wage increase

› Age discrimination: hard-to-manage contract worker not let go because of his youth

› Redundancy after announcing pregnancy two weeks into new job not discriminatory

› "Borat" nickname for Polish employee was discrimination

› Manager unfairly dismissed for saying he "didn't like black people" as a schoolboy

› Shop manager told older supervisor that she was "too old for sex"

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Podcast
Age discrimination; and assessment centres
We discuss the employment tribunal decision in Walsh v Tewkesbury Borough Council ET/1404614/09, in which a council failed to keep an employee at risk of redundancy in employment for six more months during a transitional period in order to avoid a pension payout. The tribunal found that the council's decision constituted age discrimination and unfair dismissal. We also discuss the XpertHR survey on assessment centres.

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XpertHR events
Working with trade unions, 26 October 2011, London
By attending this event, you will learn how to build, maintain and improve your approach to working with trade unions, as well as how to resolve conflicts as quickly and amicably as possible. XpertHR subscribers are entitled to a £50 discount (to claim this discount please enter YZJ76426 when registering for the event).

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From our blogs
› Police officer in race claim over slow snowball fight back-up

› Twitter round-up: GP suggested patient embrace Jesus

› Caste discrimination: ACDA gives evidence to United Nations committee

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Editor's message

TRIBUNAL DECISIONS
In Thomas Sanderson Blinds Ltd v English EAT/0316/10 & EAT/0317/10, the Employment Appeal Tribunal (EAT) held that the employment tribunal was correct to look at Mr English's own perceptions and feelings to decide whether or not the alleged conduct of his colleagues, which included homophobic remarks and Mr English being described as a "faggot", constituted sexual orientation harassment.

As well as reporting important appellate decisions, we provide summaries of recent employment tribunal decisions on sex and race discrimination.

Jeya Thiruchelvam
Equal opportunities editor,
XpertHR


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XpertHR Benchmarking Guides you step by step through procedures to comply with the law, with an interactive flowchart setting out the steps in each process.

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