Category Archives: Discrimination

Maternity leave and pay – a summary of the current law

This article, written by yours truly, first appeared in the December / January issue of Independent Lawyer. On 5th October legislation changed some aspects of maternity law, and in particular harmonised employee benefits and entitlements during Additional Maternity Leave (AML) … Continue reading

Posted in Discrimination, Family Friendly Rights | 14 Comments

Court of Appeal rules homophobic harrassment not dependent on perceived sexuality

In March the EAT ruled that Mr English, a straight man whose colleagues knew full well he was straight, was not harrassed within the Employment Equality (Sexual Orientation) Regulations 2003 when his colleagues subjected him to homophobic abuse. My blog post … Continue reading

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BNP Membership – employment law aspects

I’m still playing catch-up, but the leak of a BNP membership list was immediately dissected by curious employers, and the media, for the presence of police officers, teachers and similar public servants. I’m willing to bet at least a few … Continue reading

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Islington successfully appeals Ladele – religious beliefs do not trump social equality

The case of London Borough of Islington v Ladele [2008] UKEAT 0453_08_1912 is now on Bailii. As followers of the case will know, it concerned whether or not a registrar working for Islington was discriminated against unlawfully under the Employment Equality (Religion … Continue reading

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Equality Bill will tackle Lewisham v Malcolm

The government has started consultation on redefining disability discrimination to overcome the destructive judgment in Lewisham v Malcolm. In a sensible move, disability discrimination will borrow the concept of indirect discrimination from other discrimination law. As the consultation document proposes: … Continue reading

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Age discrimination in redundancy selection – LIFO and length of service

It has been widely assumed, and advised, that Last In, First Out (LIFO) was no longer a permissible means of selecting employees to be made redundant, as it offends against age discrimination legislation. Prior to 2006 LIFO was the only … Continue reading

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Severe disfigurements

Some of the papers carry the story today of Edward Johnson, whose nuerofibromatosis means his face is covered in small harmless tumours. He has apparently been to over 80 job interviews and been rejected, he believes on the grounds that … Continue reading

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Flexible working turnaround?

The news has been full of this – new BERR Secretary Lord Mandelson (go on, admit you missed him) was reported to be reconsidering the government’s previous announcement in November that the right to apply for flexible working would be … Continue reading

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Extension of contractual entitlements into Additional Maternity Leave

Some changes came into force on 5th October 2008 regarding Additional Maternity Leave. The key distinction between the two has always traditionally been that the employee is entitled to all her contractual benefits during Ordinary Maternity Leave (aside from pay), … Continue reading

Posted in Discrimination, Family Friendly Rights | 3 Comments

Delay in judgments

A civil justice review in Ontario once said: Unreasonable delay in the disposition of disputes is, indeed, ‘the enemy of justice and peace in the community’. It leads inevitably to unreasonable costs. It breeds inaccessibility. It fosters frustration, and frustrates … Continue reading

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