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Discrimination Issues

 

It is not just "bad" employers who run into trouble with discrimination. Frequently even the best-intentioned employers can get it wrong without even realising it.

Did you know that insisting on job applicants having GCSE English and Maths can be considered racial discrimination against foreign nationals with leave to work in the UK (such as any citizen of the EU)?

Did you know that you would have to prove to the Employment Tribunal that you did not discriminate against a dismissed employee if they were to bring a claim? How do you prove a negative?

Did you know that there are 8 grounds on which members of the public can bring a claim against you at the Employment Tribunal if you are in the process of recruiting staff, even if they never become your employee?

Discrimination legislation now covers allegations of discrimination on the grounds of:

  • Sex
  • Race
  • Disability
  • Age
  • Religious Belief
  • Sexual Orientation
  • Gender reassignment
  • Part-time working
  • Fixed-term working
In some cases employers need to take positive steps in order to comply with this legislation rather than trying to comply on a passive basis. Do you know if you are getting this right? See our case studies for an example of an employer inadvertently discriminating against an older worker through a failure to follow a statutory procedure relating to retirement.

To find out more about what steps you need to take to avoid claims of discrimination contact us.

 
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