Equality & Diversity
An employee says she was racially harassed by a senior manager, and submits a lengthy grievance. An ex-employee brings an Employment Tribunal claim, saying he was forced to resign by a colleague who told him his sexual orientation offended his religion.
Your Board asks whether you have conducted an equal pay audit, and if not whether you should. You need to overhaul your diversity policies and training programmes.
Who do you turn to?
Our team has unrivalled strength in depth in advising on all issues related to equality and diversity, which include some of the most important and challenging on the HR and legal agenda today. These include:
- Employment Tribunal litigation for discrimination based on sex (including equal pay), pregnancy / maternity, race, disability, age, religion or belief, sexual orientation, or gender reassignment, and associated claims for harassment and victimisation
- Advice on any issue with an equality / diversity angle, such as handling the exit of a persistent poor performer with a suspected disability, complex grievances, and redundancy dismissals impacting maternity leavers
- Advice on “family friendly” matters: policies on maternity, paternity, adoption and shared parental leave and pay; requests for flexible working; time off for dependants; and issues around surrogacy and IVF
- Equal pay is gaining a higher profile, as Tribunals have new powers to order equal pay audits, and mandatory gender pay gap reporting comes into effect. In addition to our experience in dealing with complex equal pay disputes, we help clients conduct equal pay reviews and audits and manage the associated (and significant) legal risks, and can assist in complying with pay gap reporting obligations
- Our dedicated training team is experienced in conducting manager training on equal opportunities, diversity, family rights and flexible working, and training for all staff on their equality obligations. This can have an exclusively UK focus, or where desired we can make this relevant for cross-border workforces
Refusal to provide cake supporting gay marriage was not direct sexual orientation discrimination11 October 2018
The Supreme Court (“SC”) has ruled that a bakery did not discriminate on grounds of sexual orientation when it refused to provide a cake for a customer bearing the words “support gay marriage”. The bakery’s refusal was based on the owner’s Christian beliefs that the only form of marriage acceptable to God was between one man and one woman.
Care workers not entitled to minimum wage for sleep-in shifts18 July 2018
In a case of huge significance for the care sector, the Court of Appeal (“CA”) has decided that care workers carrying out “sleep-in” shifts are not entitled to the national minimum wage (“NMW”) for the whole shift, but only when they are required to be awake and working.
Colin Leckey comments for economia: Mind the gender pay gap08 May 2018
In an article for economia, Colin Leckey comments on gender pay gap reporting and why there are pay disparities, even for people doing similar jobs.
Brexit, #metoo and equal pay: the hidden links09 March 2018
‘Living in the dark ages’ - pregnancy and maternity discrimination at interview21 February 2018
Fresh out of my first year at university and applying for a summer job at a pub, I was slightly taken aback when the interviewer asked whether I had children, in a tone that implied “no” was the right answer… Back then, with no children, I simply answered the question - but it made me wonder.
Tom Heys comments for The Economist: ‘A legal defeat for a pious prison gardener is good news for bosses’09 August 2017
Tom Heys has commented in an article for The Economist discussing religious rights at work, in light of a recent case in which an individual failed in his religious discrimination claim after being disciplined for causing offence by quoting Bible passages.
Dressing to impress - discriminatory appearance codes17 March 2017
Laura Farnsworth and Emma Langhorn have written an article for HR review on discriminatory appearance codes in the workplace.
When is a ban on headscarves at work discriminatory?16 March 2017
The European Court of Justice (ECJ) has given its first ruling on the right to wear an Islamic headscarf at work, in two separate cases which both involved the dismissal of a Muslim employee for refusing to remove her headscarf in breach of the employer’s dress code.