Discrimination Law and Employment Issues

Overview

Avoid the pitfalls in …

Age, disability, gender, race, religion, sex and sexual orientation discrimination.

This practical briefing for employers and their advisers will ensure that you do not fall foul of the law on age and all the other anti-discrimination laws.

Are you aware of how this affects you and your organisation?

The new Age Discrimination Act is billed by lawyers as the most significant change in employment law since the 1970’s.

• How prepared are you to deal 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, in the last two years employers have also had to cope with sexual orientation discrimination and religious discrimination. This new edition also includes case law that has affected the Discrimination Act and brings this Briefing right up to date.

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.

All employers and their professional advisers will find David Martin’s practical approach and clear analysis of how to comply with the various discrimination laws invaluable.

Contents overview

• Sex and sexual orientation discrimination
• Race and religious discrimination
• Disability discrimination
• Age discrimination
• Non-standard employees discrimination
• Human rights

Content

CHAPTER 1: Discrimination

• Introduction
• Diversity
• A dignity at work policy
• Liability
• Bullying
• Avoidance or control
• Evidence
• Practical implications
• Social events
• Alcohol
• Equality Act 2006
• Questionnaires

CHAPTER 2: Sex and sexual orientation discrimination

A. Sex Discrimination – introduction

• Harassment
• Equable treatment
• References
• Maternity
• Risk assessment
• Flexible working
• Increasing parental rights
• Discrimination against males

B. Sexual Orientation discrimination

• Gender change
• Administration
• Unforeseen effects
• 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 – introduction Scope

• The ‘but for’ test

CHAPTER 4: Disability discrimination

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

CHAPTER 5: Age discrimination

• Introduction
• Recruitment
• Transitional arrangements
• Forced retirement – procedure
• Optional retirement – procedure
• Postscript

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. Whistle-blowing
C. 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 [2nd edition 2006, Thorogood] and The company director’s desktop guide [3rd edition 2006, 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

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