Discrimination Law and Employment Issues

Overview

This practical Report for employers and their advisers will ensure that you do not fall foul of the law on age and all the other anti-discrimination law. Employers are failing to address the challenge of age discrimination laws, according to ACAS.

The new age Discrimination Act is the most significant change in employment law since the 1970’s. How are you dealing with its implications? Are you fully aware of what can and cannot be said in recruitment ads – or even in the office? In addition to sex and race discrimination laws, employers have also had to cope with sexual orientation discrimination and religious discrimination.

David Martin, an expert on employment law and practice, analyzes the practical aspects of dealing with each of the anti-discrimination laws. He demonstrates how to ensure that paperwork and systems comply totally with the law and he provides a range of helpful case studies to illustrate the key issues and bring them to life.

The Report benefits

It will:
1. Ensure you are fully aware of the mine-field that is discrimination law and the pitfall you need to avoid to comply
2. Explain the latest legislation in sexual orientation and religious discrimination
3. Provide helpful case studies to highlight and explain the key areas you need to look out for to protect your organisation and staff

Who should buy this Report

• HR Managers and directors
• In-house lawyers
• Company secretaries
• Private practice lawyers
• HR consultants and advisers

Content

CHAPTER 1: Discrimination

• Introduction
• Diversity
• A dignity at work policy
• Harassment and bullying
• Coverage
• Liability
• Bullying
• Avoidance or control
• Evidence
• Practical implications
• Social events
• Alcohol
• Equality Act 2006
• Equality Act 2010
• Questionnaires
• ‘But for…’

CHAPTER 2: Sex and sexual orientation discrimination

A. Sex Discrimination – introduction

• Harassment
• Obligations extend past termination of employment
• Maternity
• Risk assessment
• Flexible working
• Increasing parental rights
• Information about rights and benefits
• Discrimination against males

B. Sexual Orientation discrimination

• Gender change
• Administration
• Applying the ‘but for’ test

CHAPTER 3: Race and religious discrimination

A. Race discrimination – introduction

• Who is covered?
• Avoiding harassment penalties
• Duty to job applicants
• Promotion
• Provocation
• Positive discrimination

B. Religion or religious belief discrimination

• Scope
• Requiring employees to carry out acts ‘against their beliefs’
• The ‘but for’ test

CHAPTER 4: Disability discrimination

• Introduction
• Legislation – old and new
• Fundamental principle
• Application of the legislation
• Impairments
• Sickness as ‘fair dismissal’
• Recruitment
• A wider duty?
• The Disability Discrimination Act 2005
• A new extension
• Applying the ‘but for’ test

CHAPTER 5: Age discrimination

• Introduction
• Recruitment
• Appraisal
• Management and promotion
• Training
• Bullying, victimisation and harassment
• Working environment
• Redundency
• Pension
• Retirement
• Documentation
• Postscript

*Applying the ‘but for’ test

CHAPTER 6: Non-standard employees discrimination

A. Part-timers
B. Fixed term workers
C. Homeworkers
D. Agency staff

• The ‘but for’ tests

CHAPTER 7: Human rights

A. Rehabilitation of offenders
B. Whistleblowing *C * Transfer of employment rights
D. Human rights

APPENDICES

1. Data sheet – annually reviewed figures
2. Electronic Communications policy
3. Examples of flexible working
4. Draft homeworking policy
5. Cases

The author

David Martin FCIS FCIPD FioD is the compiler and editor of Gee’s Employment Letters and Procedures and Model Employment Policies and Handbooks. He has written over 40 books including The A-Z of Employment Practice [5th edition 2010, Thorogood] and The Company Director’s Desktop Guide [9th Edition 20110, Thorogood]. He is a regular conference speaker giving over 100 seminars each year. He is an employer’s representative for the panel of members for the Employment Tribunals.

CPD

Thorogood legal reports are accredited by The Solicitors Regulation Authority (CPD reference DVQ/THPU) for continuing professional development as distance learning education.

NB: Solicitors may claim up to 75% (12 hours) of their annual CPD requirement by undertaking distance learning education.

For more information see The Solicitors Regulation Authority

 

Certificate of completion

Upon reading this publication participants are invited to undertake a final assessment in the form of an on-line multiple choice paper. Upon passing, a certificate of completion will be made available to you, which can be included as part of your CPD requirements should you consider it relevant to your professional development needs.