Thursday, 12 December 2019

Sunday, 8 December 2019

RESEARCH: Equality Act 2010 (4)

https://thpsolicitors.co.uk/employment-law-news/what-has-been-the-impact-of-the-equality-act/

"The legislation was seen by the Government as the ultimate goal in a history of disparate legislative measures addressing discrimination, and sometimes inequality more generally, arising from race, gender, disability and then latterly sexuality, religion, belief and age."

"The most recent cases involved the manisfestation of belief and religion, dealt with by the European Court of Human Rights. The four cases involved four practising Christians, 2 complained that their employers placed unlawful restrictions on their ability to visibly wear Christian crosses around their necks while at work; the other two complained about their dismissal from employment for refusing to carry out certain duties which they considered would condone homosexuality and be contrary their own beliefs. Of the four cases, the ECHR only ruled in favour of Ms Eweida one of the first 2 cases, albeit that her case had failed in each of theUK’s domestic courts for different reasons each time. The ECHR found that a fair balance had not been struck between, on the one hand, Ms Eweida’s desire to manifest her religious belief and her ability to communicate that belief to others, and on the other hand the employer’s wish to project a certain corporate image."

"In looking at these cases and others before the Courts, employers are faced with difficult decisions in avoiding legal challenges, whilst the price paid is high and potentially crippling if decisions are determined to be wrong."

(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)

Saturday, 7 December 2019

RESEARCH: Equality Act 2010 (3)




"Key messages:

  • The Equality Act 2010 applies to everyone who provides a service to the public, whether or not a charge is made for that service. It covers statutory, private, voluntary and community sector organisations.
  • Everyone has the right to be treated with dignity and respect. The Equality Act 2010 prohibits discrimination on named grounds. These are called ‘protected characteristics’.
  • The relevant protected characteristics are age, disability, gender re-assignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
  • Discrimination on grounds of age when accessing goods and services is not currently protected. It is expected to be protected from April 2012.
  • The Equality Act 2010 also applies to employment. People who use direct payments will need separate advice to ensure that unlawful discrimination does not occur when they employ personal assistants or other staff.
  • The Equality Act 2010 prohibits not only direct discrimination but also indirect discrimination, harassment or victimisation.
  • The Equality Act 2010 requires public bodies and those carrying out public functions to have due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations between people from different equality groups. This is called the public sector equality duty."


(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)

Friday, 6 December 2019

RESEARCH: Equality Act 2010 (2)

https://www.youtube.com/watch?v=UuIdq_ftQY8

Very clear information, displayed in a simple and understandable way.

(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)

Thursday, 5 December 2019

RESEARCH: Equality Act 2010 (1)

https://www.equalityhumanrights.com/en/advice-and-guidance/equal-pay-equal-work-what-law-says
Article published on 15th July 2019

Page directed at employers.
Relevant to Great Britain.

Overview
  • Article is a concise overview of the legal implications of equal pay and a guide to some of the important terms and principles in the Equality Act 2010.
Equality Act 2010
  • 'equality of terms' provisions of the Equality Act 2010.
  • Act gives a right to equal pay between women and men for equal work. Covers individuals in the same employment, and includes equality in pay and all other contractual terms.
  • Act implies a sex equality clause automatically into all contracts of employment, ensuring that a woman's contractual terms are no less favourable than a man's.
Pay includes the complete pay and benefits packages
  • basic pay
  • non-discretionary bonuses
  • overtime rates and allowances
  • performance-related benefits
  • severance and redundancy pay
  • access to pension schemes
  • benefits under pension schemes
  • hours of work
  • company cars
  • sick pay
  • fringe benefits such as travel allowance
  • benefits in kid
All employees have a right to equal pay
  • The equal pay provisions in the act apply to men and women. However, to avoid repetition and for clarity this is written as though the claimant is a woman comparing her work and pay those of a man.
  • The right of women and men to receive equal pay work applies to:
  1. all employees (including apprentices and those working from home), whether on full-time, part-time, casual or temporary contracts, regardless of length of services.
  2. other workers (e.g: self-employed) whose contracts require personal performance of the work.
  3. employment carried out within Great Britain or where there is a sufficiently close link between the employment relationship and the UK.
Equal pay in the same employment
  • A woman can claim equal pay with a man working:
  1. for the same employer at the same workplace.
  2. for the same employer but at a different workplace where common terms and conditions apply.
  3. for an associated employer.
  • EU law also allows a woman to compare herself to a man who is not in the same employment but where the difference in the in pay is attributable to 'a single source' which has the power to rectify the difference.
What is a comparator?

  • For a woman to claim equal pay, she needs to be able to compare her pay to a man carrying out equal work (a 'comparator').
  • Woman to select man to be compared with.
  • Can claim off of more than one comparator.
  • Her employer cannot influence the choice of comparator(s) and the comparator does not have to give consent.


(In the post above, I have noted my findings for further use, all information is from the link at the top of this page.)