Legal News

The EAT rejected a claim that it would have been a reasonable adjustment for a teacher to continue on the same salary long-term, after she became instead a cover supervisor due to mental ill health. A teacher had a period of absence due to mental ill health. She came back to work three days a... Read more »
We are continuing to update our Coronavirus (Covid-19) page. The page is at Coronavirus (Covid-19). Recent updates include: We have made available on that page a special report ‘Covid-19 – back to work’ published (online first) in the August/September 2021 issue of our journal Occupational Health [at Work]. With workplaces returning to ‘normal’ as Covid-19... Read more »
The Supreme Court has held that the Equality Act did not alter the law on shift in burden of proof. Under s.136 Equality Act 2010, if there are facts from which the court could decide, in the absence of any other explanation, that a person (eg an employer) contravened the Act. the court must hold... Read more »
The EAT has held a belief that biological sex is immutable to be a ‘philosophical belief’ protected under the Equality Act. However this was a different issue to how far the claimant had the right to manifest her belief. The EAT said that a requirement that the belief be worthy of respect in a democratic... Read more »
The Equality and Human Rights Commission took action in respect of unlawful enquiries by a care agency. The care agency’s job application asked about attendance at work and whether applicants had ever had certain health conditions. See Investigation finds care agency’s recruitment practices were unlawful (equalityhumanrights.com), May 2021. Under s.60 EqA it is unlawful for... Read more »
There has been a tribunal case on harassment related to the menopause, and the Equality Commission for Northern Ireland has issued new guidance on the menopause. In May 2021 the Equality Commission for Northern Ireland issued new guidance on the menopause and employment www.equalityni.org/Footer-Links/News/Employers-Service-Providers/Menopause-a-Workplace-Issue Also, in 2020 there was an employment tribunal case (not a... Read more »
Considering whether substantial effects are likely to (could well) last at least 12 months or recur. Diana Kloss reviews cases holding that whether substantial effects could well be ‘long-term’ under the Equality Act must be considered as at the time of the alleged discrimination, and considers implications for OH reports. Read the full blog: Assessing... Read more »
An employment tribunal has upheld the Equality Act claim of a claimant describing herself as ‘non-binary’ and ‘gender-fluid’. Although only an employment tribunal decision and so not a binding precedent, a tribunal has held that non-binary or gender-fluid people can be protected under the protected characteristic of ‘gender reassignment’ – that the person does not... Read more »