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Katharine McPherson and Katherine Shaw weigh up whether the government needs to amend the Equality Act to make clear that it prohibits caste discrimination ‘Given the complexities in defining caste, there is no obvious answer as to where caste belongs within the definitions used in the Equality Act 2010.’ The case of Begraj v Heer …
Continue reading "Discrimination: Is it time to legislate on caste?"
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Ilana Swimer analyses the growing use of anonymity and restricted reporting orders in the employment tribunal ‘In granting any anonymity order or restricted reporting order, the tribunal will need to consider the dichotomy between the media’s right to freedom of expression and to report on matters of public interest on the one hand and an …
Continue reading "Human Rights: Silence in (and out of) court"
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The government’s proposal to extend the period of service required to bring an unfair dismissal claim could have a damaging effect on both employers and employees, warn Paul Callaghan and Christopher Cooper Employers may make mistakes or have misgivings after the recruitment of certain employees and should have the flexibility to deal with this easily. …
Continue reading "Unfair Dismissal: Double trouble"
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Nicholas Greenacre and Euan Fergusson examine recent proposals to curb excessive rewards for senior executives. ‘This article examines whether enhancing the role that shareholders play in determining executive pay, and revising the role and make-up of remuneration committees, will succeed in curbing top executives’ pay.’ On 19 September 2011, the Department for Business Innovation & …
Continue reading "Remuneration: A greater say on pay"
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Half of employers believe that the abolition of a fixed retirement age will have a negative impact on their business, reports Paul Griffin According to a research report by employment lawyers at Norton Rose LLP, scrapping the default retirement age (DRA) in the UK could lead to a reduction in opportunities for younger workers. More …
Continue reading "Default Retirement Age: Concerns remain over axed limit"
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A Court of Appeal decision has reinforced the principle that employers should not be prevented from providing a negative reference for ex-employees as long as it is true, accurate and fair, explains Sarah Ozanne ‘The duty of care by the ex-employer is to use reasonable care and skill in ensuring the accuracy of any facts …
Continue reading "References: Honesty is the best policy"
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Employers need to think through a decision to suspend an employee and avoid making a knee-jerk reaction, comment Christopher Hitchens and Rachel Ashwood ‘To invoke the power to suspend, the employer must have reasonable grounds for doing so and cannot simply suspend an employee because enquiries are being carried out.’ The practice of suspending an …
Continue reading "Disciplinary Procedures: Suspending judgement"
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Sandra Wallace considers what public bodies need to do to comply with the delayed Equality Act 2010 (Specific Duties) Regulations 2011, which came into force in September ‘Having due regard to the need to foster good relations between people who share a relevant protected characteristic and those who do not share it involves having due …
Continue reading "Public Sector Equality Duty: Time to get specific"
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Employment tribunals are increasingly having to resolve discrimination claims brought against partnerships. Suzanne McKie and Laura Bell look at the key issues ‘When seeking to resolve disputes within a partnership structure, it is common to have informal “without-prejudice chats” between partners to keep disputes low-key.’It is fair to say that equity partners are becoming increasingly …
Continue reading "Discrimination Law: Claims by equity partners"
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Nicholas Stott reviews the third edition of The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success Alan Payne, John-Paul Waite and Jonathan Dixey 3rd ed., 2011, Bloomsbury Professional Ltd £60.00 ISBN: 978 1 84766 672 7 This book, written by three barristers, is a …
Continue reading "Book Review: All things to all people"
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