EHRC consults on draft codes of practice for Equality Bill; EHRC publishes voluntary gender pay reporting proposals; religious discrimination; philosophical belief discrimination; compensation in discrimination cases; sex discrimination; employment tribunal decisions; model policies and documents
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News

EHRC consults on draft codes of practice for Equality Bill
The EHRC has opened a consultation on draft codes of practice on two aspects of the Equality Bill: employment and equal pay. The consultation period runs from 12 January until 2 April 2010. Once finalised and approved by Parliament, the codes will be used by courts and tribunals to ensure that the law is applied consistently.

EHRC publishes voluntary gender pay reporting proposals
The EHRC has released proposals outlining voluntary reporting measures that organisations with 250 or more employees may use to publish information on pay differentials between male and female employees.

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Case law

Religious discrimination: McFarlane v Relate Avon Ltd
Gary McFarlane joined Relate Avon, which provides relationship counselling services, in 2003. He was required to, and did, sign up to Relate's equal opportunities policy. This states that it "is committed to ensuring that no person … receives less favourable treatment on the basis of personal or group characteristics". McFarlane was also required to abide by the British Association for Sexual and Relationship Therapy's Code of Ethics.

Philosophical belief discrimination: Grainger plc v Nicholson
In Grainger plc v Nicholson [2010] IRLR 4 EAT, the EAT holds that the employee can challenge his dismissal as being an act of discrimination on grounds of his asserted philosophical belief in climate change and the environment, provided that he is able to establish that his belief is genuinely held and that it satisfies certain specified limitations and criteria as to the nature of the belief.

Compensation in discrimination cases: Da'Bell v National Society for the Prevention of Cruelty to Children
In Da'Bell v NSPCC [2010] IRLR 19 EAT, the EAT confirmed the increase of the Vento bands for compensation for injury to feelings in discrimination cases in line with inflation.

Sex discrimination: Sahota v The Home Office and Pipkin
Immigration officer Parminder Sahota was experiencing difficulties becoming pregnant and had begun a course of IVF treatment which had been unsuccessful on two occasions. Sahota issued a complaint of sex discrimination in the employment tribunal claiming that she had been subjected to various detriments because she was undergoing IVF treatment.

Equal opportunities employment law manual updates
The equal opportunities chapter of the XpertHR employment law manual has been updated to reflect recent case law dealing with indirect sex and race discrimination, and the protection afforded to volunteers by discrimination legislation.

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Employment tribunal decisions

Pregnancy and maternity leave discrimination
This article summarises the main issues and outcomes in five tribunal cases brought by pregnant employees or employees on maternity leave. Although the decisions are not binding on other tribunals, they provide useful illustrations for employers of situations that have led to pregnancy and maternity leave discrimination claims.

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Model policies and documents

HIV and AIDS policy
Use this model policy to set out your organisation's policy on dealing with employees with HIV and AIDS, including recruitment and selection, HIV testing, disclosure and confidentiality, the management of employees affected by HIV and AIDS, and first-aid and health and safety procedures.

Assistance dogs policy
Use this model policy to establish the basis on which employees can bring assistance dogs to your workplace. This policy should be implemented along with your equal opportunities and diversity policy, to establish an inclusive and accessible workplace for disabled employees.

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From the blog

› Jobcentre Plus brands advert requesting reliable workers "discriminatory"

› Employment tribunal decisions: what would you like to see covered?

› Pregnancy and maternity leave: common discrimination pitfalls

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Editor's message

EQUALITY BILL
The Equality Bill, which is set to change the landscape of discrimination law in the UK, is currently winding its way through the House of Lords and is expected, subject to the approval of Parliament, to receive Royal Assent in the spring. The Equality and Human Rights Commission (EHRC) is busily preparing for the arrival of the Bill on to the statute books and has launched a consultation on two codes of practice to ensure that the Equality Act is consistently applied, and a further consultation on voluntary gender pay reporting measures.

The Employment Appeal Tribunal (EAT) has also been busy tackling discrimination issues and has handed down important judgments relating to religious discrimination, philosophical belief and sex discrimination; all of which are available as XpertHR case reports.

Jeya Thiruchelvam
Equal opportunities editor,
XpertHR

 

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