I have spoken several times in my articles about vicarious liability, where employers are responsible for the actions of their employees. This issue is even more precarious for employers following last October’s law change requiring organisations to take ‘all reasonable steps’ to prevent harassment in work. In this case, during an argument in the workplaceContinue reading “Organisation wins race discrimination case despite admitting their employee called a black colleague a ‘monkey’. How? “
Category Archives: Diversity
Why must we choose between 2 extremes in the Trans debate when there is a sensible, compassionate middle ground?
On the one hand we have the biological argument that you cannot change the sex you were born into, and on the other the rights of individuals who feel that they were born into the wrong body and wish to live life as the gender they feel applies to them, free from bias and discrimination.Continue reading “Why must we choose between 2 extremes in the Trans debate when there is a sensible, compassionate middle ground?”
What should employees do if they witness discriminatory behaviour at work?
The easy answer is that they should report it or challenge the perpetrator, and support the victim. However in our experience, whether this will actually happen largely depends on the culture of the organisation. There are many companies where discriminatory remarks are not challenged and are therefore allowed. There are many reasons for this, whetherContinue reading “What should employees do if they witness discriminatory behaviour at work?”
‘That was so gay’, do you need to tackle ‘banter’ at work such as this?
Yes!! Next!! The good news is it is relatively straightforward to do. Let’s say this was said to a straight person by a straight colleague in an open office, believing it to be harmless banter. Why does that need to be challenged? Has the world gone mad? First, it may help to consider who mayContinue reading “‘That was so gay’, do you need to tackle ‘banter’ at work such as this?”
The loophole that means you may win a Tribunal even if you clearly discriminate against people.
How did the UK Chinese restaurant who insisted that only Chinese applicants would be considered for a job vacancy win their race discrimination Tribunal? Likewise, how did the airline who admitted that insisting on a requirement that was clearly discrimination on the grounds of both race and sex win their Tribunal? Although it is unusual,Continue reading “The loophole that means you may win a Tribunal even if you clearly discriminate against people.”
We all know about race and sex, what other types of discrimination do employers need to be aware of?
There are several. People often site religion, which is a good answer although it is included under race. An example of ‘banter’ that crosses the line would be repeatedly asking a colleague of certain faiths if they would like a bacon sandwich. Nationality is also covered under race. Harassment due to sexual orientation is oftenContinue reading “We all know about race and sex, what other types of discrimination do employers need to be aware of?”
Which will cost you more, calling someone a Scottish **** or a Geordie ****?
Nationality is included in the legal definition of race discrimination so the Scottish insult is likely to be a bigger claim. However, although regions of the UK are not included in the definition please don’t use this as an excuse to start abusing all Geordies, Scousers and Brummies! That is still likely to be classedContinue reading “Which will cost you more, calling someone a Scottish **** or a Geordie ****?”
New law means responsible employers must train their employees on how to avoid sexually harassing others.
Effective 26th October, the law now requires employers to take ‘all reasonable steps’ to prevent sexual harassment in the workplace. Although the wording is similar to the previous phraseology, those 3 new words ‘all reasonable steps’ means it will now be significantly harder for organisations to defend claims, even if they don’t believe they haveContinue reading “New law means responsible employers must train their employees on how to avoid sexually harassing others.”
Have you ever made a joke about male drivers in the workplace?
From 26th October this year the law on sex discrimination changed, and now requires employers to take ‘all reasonable steps’ to prevent sexual harassment in the workplace. This is a significant change and businesses really do need to take it seriously, especially with sex discrimination awards currently averaging £36,607 at tribunal in addition toContinue reading “Have you ever made a joke about male drivers in the workplace?”
If someone overhears a sexist comment at work can they make a claim as if the remark was aimed at them?
The short answer is yes! Take the iconic (well, for HR geeks at least) council swimming pool example, which is often one of the first cases discussed on employment law training courses. In this case a lifeguard employee made lewd comments about a lady who was swimming lengths in the pool to another lifeguard. TheContinue reading “If someone overhears a sexist comment at work can they make a claim as if the remark was aimed at them?”