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Conflict of discriminations?
© Workplace Law Group 2008 All rights reserved Conflict of discriminations? Conflict of discriminations? As the number of grounds upon which discrimination is prohibited increases, so too does the potential for those grounds to conflict with each other. This issue has been touched upon previously by the courts and can be highly sensitive and difficult for employers to...
News analysis | 1 Aug 2008
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Environmental beliefs may be protected by discrimination laws
...of information available; It must be a belief as to a weighty and substantial aspect of human life and behaviour; It must attain a certain level of cogency, seriousness, cohesion and importance; and It must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others. The EAT also said that notwithstanding that in April 2007, the Religion / Belief Regulations were amended to remove the word `similar' before the words `philosophical belief', it was necessary, in order for the belief to be protected, for it to have a similar...
News analysis | 25 Nov 2009
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I don’t believe it: Update on religion and belief discrimination
...be brought in the workplace and how the Tribunals have dealt with the issues raised. Noah v. Desrosiers In the case of Noah v. Desrosiers, a Muslim applicant for a hair stylist was rejected because she constantly wore a traditional headscarf when she was not at home, in keeping with her faith. This conflicted with the salon's policy that all their employees display their hair in order to promote the salon's services. Her direct religious discrimination case failed because the salon would have treated any employee covering their hair in exactly the same way, irrespective of their religion. However, her...
News analysis | 24 Jun 2009
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Opposite sex cleaners and violations of privacy
Conflicts of interest in Equality Law, Health & Safety regulations and the Sex Discrimination Act exception relating to privacy & dignity (section 7 2 bii) have resulted in gross offences to decency in public toilet and washing/changing facilities where cleaners of either sex are expected to check the toi...
Comment | 21 Dec 2009
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Quarter of a million tribunal cases show sex discrimination still rife
...l costs for their defence, not including staff time. Jenny Watson, chair of the Equal Opportunities Commission, commented: "Thousands of tribunal cases later the reality of sex equality is still far from our grasp. Both individuals and employers rely on a costly tribunal system that delivers conflict better than change. We need to look afresh at equality law in today's modern context. Thirty years on from the Sex Discrimination Act, most mothers now work, fathers too want to be more involved at home and many more of us have caring responsibilities for parents or relatives. Many thousands of for...
News | 22 May 2006
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The Social Network – 12 years of the Workplace Law Conference
...legal update In-depth guidance on legal issues ... Changes to Employment Tribunal procedures Esther Smith, Thomas Eggar Employment Tribunal rules need to balance an employee's right to take action against unlawful treatment with the potential burden this process can place on employers. These can be conflicting aims and so whilst the overriding outcome is that employment claims are dealt with justly, they must also be conducted efficiently and economically. Pleas from employers for Tribunal reform have been heard and various potential measures have been announced and are now open for consultation. The ...
Magazine issue | 1 Mar 2011
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Animal rights activist wins discrimination case
... evidence, that's a tough situation but will be so rare that I think we have to live with it, especially as activism is often the way in which we find out about injustices in our society. Obviously, terrorism is another matter entirely but that's really a matter for other agencies. An example of conflicting protected characteristics: a religious employee distributes anti-gay literature in the workplace. This is likely to be unlawful discrimination & he could be lawfully dismissed if the employer follows a reasonable procedure- the fact he has religious beliefs would not be the reason for his dism...
Comment | 9 Nov 2011
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EHRC launches consultation on discrimination cases
...yours. I'm appalled that anyone working in that field would refuse to deal with any client based on different points of view. As for the registrar- while I abhor their position, especially since they provide a public service, I can see an argument that an employer may be able to accommodate this conflict between personal religious belief & the organisation's legal obligations. If the common stat of 10% of the population being gay is correct, and we assume not everyone who is gay enters into a civil partnership, it might be possible that those who have religious objections can be accommodated. I su...
Comment | 19 Aug 2011
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Discrimination
... available. (iii) It must be a belief as to a weighty and substantial aspect of human life and behaviour. (iv) It must attain a certain level of cogency, seriousness, cohesion and importance. (v) It must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others
Comment | 25 Jun 2010
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Openness and honesty: the key to resolving conflict?
The most common causes of conflict in British workplaces could be defused or avoided altogether through better communication, law firm Dundas & Wilson (D&W) has said.Eilidh Wiseman, Head of Employment Law at D&W, said businesses which foster a culture of genuine openness and honesty are most successful at avoiding time-consuming and...
News | 28 Jul 2008
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Perk of the job? Managing the risks faced by loneworkers
...y management directors in implementing best practice guidance. Dk: What training do NhS staff receive regarding the prevention of violence? SF: In 2004 we launched [one of] the biggest training programmes [ever] in the NHS, and that was for all frontline staff to be trained to a minimum standard in conflict resolution. That programme has been rolling out for the last four years and ... it is a programme that we think has been [used] as best it can by the 750,000 staff that were identified as frontline staff in 2004 -- although that figure may have changed since then with various reconfigurations [con...
Magazine issue | 5 Jun 2008
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New ruling extends disability discrimination to intermittent conditions
...loyer it could cause major problems. If employees believe they have a problem and expect adjustments as a result, but there is no need for these adjustments on medical grounds, this can cause significant difficulties for employers. It can lead to unnecessary and costly adjustments, it can lead to conflict, excess sickness absence, litigation and loss of employment. When we analyse the cost of these issues in the workplace (over £100bn a year), it would not surprise me if the cost of this one judgement to society as a whole amounts to an additional £1bn or more a year. Where there is a limited ...
Comment | 10 Jul 2009
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Employers believe religious discrimination not a problem in the workplace
Religious observance in the workplace is not a source of employer-employee conflict despite a number of high-profile cases of alleged religious discrimination in the workplace, a survey claims. Under the Employment Equality (Religion or Belief) Regulations 2003 it is illegal for employers to discriminate against staff because of their religion or beliefs. According to research...
News | 19 Feb 2007
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Losing our religion: religious discrimination and the Genuine Occupational Requirement
...ng the offence abhorant. Asking anyone to undertake any professional or vocational task that in the exiction of the task may require a mind set not aligned to the individuals ideologies would be unreasonable and will affect both the performance of the task and cause intellectual and/or emotional conflict within the individual.
Comment | 3 Jun 2008
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Curb on Age Discrimination Slips in the Back Door
... fact that each was over 65 at the time of their dismissals. What! How did that happen? You thought the rule is no claims after age 65. Correct, that’s what the Employment Rights Act provides but the Employment Tribunal pointed out that they have a duty to disapply any national measure that conflicts with the treaties of the EEC. But didn’t you read somewhere that the Government had until 2006 to bring in national laws to prevent age discrimination? Right again, but these claims were allowed to proceed on the basis of indirect sex discrimination. The Employment Tribunal noted that ther...
Case | 3 Sep 2002
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religion discrimination , sexual orientation
...day to pray. The Employment Equality (Religion or Belief) Regulations 2003 prohibit direct and indirect discrimination on the grounds of religion or belief. However, there is no express right for employees to take time off for religious purposes, so employers do not have to grant requests if they conflict with operational needs. However, employers do risk liability for direct discrimination if they refuse to grant leave because of the employee's religion or belief. They also risk charges of indirect discrimination if they have company rules or practices that are disadvantageous to employees of a pa...
Comment | 26 Mar 2004
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Disability Discrimination Act re: buildings.
...han be prescriptive and offending interest groups and bring the legislation into place through the building regulations there is the concept of reasonably practicable. That concept will be tested by the courts by those gifted with 20/20 hindsight. In the meantime, designers are trying to balance conflicting demands without much guidance. We get by by making a project based assessment, determining what we believe is reasonable provision and then discussing the scheme with the local authority access officer.
Comment | 18 Dec 2003
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Age Discrimination Laws Unclear, says CMI
...etirement at 65 risks embittering the retirement process and could lead to a costly surge of employment tribunal cases. The CBI makes clear that unfair discrimination based on age is unacceptable but says that the current retirement system enables individuals to retire with dignity rather than in conflict. The employers' organisation says employees should not have a unilateral right to remain in employment after 65, but flexibility must be encouraged so that staff can discuss earlier or later retirement to meet their individual choices and pensions concerns. Ciaron Dunne, Editor
Comment | 3 Nov 2003
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Modern workplaces consultation launched
... to request flexible working to all workers who have been with their employer for 26 weeks. The Government will consider publishing a statutory Code of Practice for businesses and will propose that employers should be allowed to take into account employees' individual circumstances when considering conflicting requests. There are no plans to alter the current eight business reasons for a business to turn down a request. There is also a proposal which would mean that Employment Tribunals that have found an employer to have discriminated on gender in relation to pay will order the employer to conduct ...
News | 16 May 2011
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Internships – Are you breaking the law?
...ear boundaries for acceptable behaviour for all employees in their teams, rather than allowing individuals with strongly held views to dominate. It is important that staff understand they must maintain a professional atmosphere and that private views and preferences do not spill over into workplace conflict. · Ifyouarealargeremployer operating in a sector or area where you believe you may have a significant number of lesbian, gay or bisexual employees, consider establishing a support or networking group for such employees. When managing a diverse workforce, responding sensitively to a gay employee wh...
Magazine issue | 3 May 2011
