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| Equality Act 2010 |
Podcast: The Equality Act 2010
XpertHR's employment law editors discuss: changes to policies; the new concepts of associative discrimination and discrimination by perception; indirect disability discrimination; discrimination arising from disability; and the prohibition on asking candidates questions about health prior to offering them a job.
Equality Act 2010: resources on XpertHR
We round-up the new and updated resources from XpertHR on the Equality Act, the main provisions of which come into force on 1 October 2010. These include major changes to the equal opportunities sections of our employment law manual and model policies and documents.
Questions about health during recruitment: overview
We look at the provisions in the Equality Act on questions about health during recruitment.
Equality Act: final forms and guidance for obtaining information published
The Government Equalities Office has published the final version of the forms, together with accompanying guidance, that employees may use to pose questions to their employer to help them determine whether or not they have been discriminated against under the Equality Act.
Harassment and the Equality Act 2010: overview
We look at the impact of the Equality Act on the law relating to harassment, with an overview that looks at how the Equality Act widens the definition of unlawful harassment and extends liability on employers for harassment by a third party, which was previously limited to sexual harassment, to other discrimination strands.
Harassment and the Equality Act 2010: case study
We look at the impact of the Equality Act on the law relating to harassment with a case study.
Harassment and the Equality Act 2010: checklist
We provide a checklist to help employers avoid liability for harassment claims under the Equality Act.
Equality Act 2010: updated model equal opportunities policies
The equal opportunities section of the XpertHR model policies and documents, including our general equal opportunities and dignity at work policies, has been reviewed and updated to reflect the coming into force of the main provisions of the Equality Act.
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| Employment law manual |
Equal opportunities employment law manual updates
The equal opportunities chapter of the XpertHR employment law manual has been updated and restructured to reflect the nine protected characteristics:
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| Case law |
Damages: Johnson v Unisys does not apply to breaches of express terms
In Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] IRLR 702 CA, the Court of Appeal held that breach of the express terms of a disciplinary procedure gave the employee the right to sue for damages, and that such damages were not, in principle, limited to either the notice period or the time that it would have taken for the procedure to have been conducted properly.
Equal pay: a local authority employer is presumed to be a single establishment for equal pay purposes unless the facts show otherwise
In City of Edinburgh Council v Wilkinson and others [2010] IRLR 756 EAT, the Employment Appeal Tribunal held that the different departmental and geographical locations of the jobs held by the claimants and their comparators were not sufficient to rebut a presumption that the local authority was a single establishment.
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| Employment tribunal decisions |
XpertHR provides summaries of recent employment tribunal rulings involving religious, race and sex discrimination:
› Religious discrimination: female Muslim discriminated against for not wearing a headscarf
› Race discrimination: £2,000 for "monkey" comment made to Indian employee during golf game
› Sex discrimination: employer's use of and discussions about lap dancing and prostitutes was discrimination
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| From the blog |
› Questions about health during recruitment
› Darren Newman: Duncan Bannatyne, the Mail, the Equality Act & Me
› Tribunal Watch: 10 definitions under the Equality Act 2010
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