Related insights: Discrimination and Equal Pay
"If you can't measure it, you can't improve it" - has gender pay gap reporting closed the wage gap between men and women?
18 Nov 2021
18 November marks Equal Pay Day, the date from which (on average) women work without pay for the rest of the year as a result of the gender pay gap. Since April 2017, it has been compulsory for large employers (those with more than 250 employees) to publish a gender pay report each year. To what extent has this been effective in closing the wage gap between men and women?
A safe way to equalise pension ages retrospectively?
10 Dec 2019
On 7 October 2019, the Court of Justice of the European Union (CJEU) gave a preliminary ruling on request from the Court of Appeal in Safeway v Newton. The CJEU ruled that, unless there is an objective justification, it will be contrary to the principle of equal treatment for a pension scheme to retroactively equalise the normal pension age (NPA) for men and women by "levelling down" the rights of the advantaged group. This applies even where such measures are permitted by national law and the scheme rules.
BAME and the general election
04 Dec 2019
BAME = Black, Asian and Minority Ethnic. We've been hearing these terms more and more frequently over the last few years, in public discussions and in the media. And looking at the parties' manifestos for the December 2019 election, we are seeing these terms used there too – more than they were used in the same parties' manifestos for the June 2017 elections.
Government loses age discrimination fight over public sector pensions
08 Jul 2019
On 27 June 2019, the Supreme Court denied the Government’s application to appeal a Court of Appeal ruling that the reforms to judges’ and firefighters’ pension plans were unlawful on the grounds of age discrimination. This decision is likely to have far-reaching effects for other public sector pension plans.
Was the dismissal of a train driver for taking part in a strike a breach of the European Convention on Human Rights?
13 Mar 2019
Mr Ognevenko was a train driver with Russian Railways. He took part in a strike organised by his trade union. He was dismissed because Russian legislation prohibited strikes of railway workers responsible for the circulation of trains, shunting, and services to passengers. These provisions were aimed at securing safety on the railway. Mr Ognevenko complained to the European Court of Human Rights that his dismissal had been in breach of Article 11 of the European Convention on Human Rights (the right to freedom of association).
Implied term prevented employer dismissing employee on long-term disability benefits
06 Dec 2018
In Awan v ICTS UK Ltd (UKEAT/0087/18), the Employment Appeal Tribunal had to decide whether dismissing a disabled employee who was on long-term disability benefits was in breach of an implied contractual term.
Was a tendency to steal caused by PTSD a disability?
28 Nov 2018
In Wood v Durham County Council (UKEAT/0099/18), the Employment Appeal Tribunal had to decide whether the dismissal of an employee for shoplifting, which was caused by PTSD and associated amnesia, was disability discrimination.
Was issuing a disciplinary warning to a disabled employee for her sickness absence disability discrimination?
21 Jun 2018
The employment tribunal (ET) statistics for the quarter January to March 2018 have recently been published and again demonstrate the continuing trend of increasing claims following the abolition of ET fees last year.
Zero hour worker could compare himself to a full-time permanent employee
07 Jun 2018
In Roddis v Sheffield Hallam University (UKEAT/0299/17), the Employment Appeal Tribunal (the EAT) had to decide whether Mr Roddis, who was on a zero hours contract, could compare himself to a full-time colleague and bring a claim for less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
Dismissal of orthopaedic surgeon is bone of contention
31 May 2018
In Mbubaegbu v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal had to decide whether a series of misconduct issues could justify a dismissal for gross misconduct.
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