Discrimination & Harassment: Recent Episodes
Real Employment Law Advice
Prevention of Sexual Harassment obligations for employers are changing in 2024. In this episode 218 of the podcast I bring you an update on the new sexual harassment laws in 2024, including all the information employers need to consider.
In this episode of the podcast I bring you the Judgement from a European Case which provides an interesting look at what happens if someone makes comments outside of the context of recruitment and employment but which are negative to the LGBTI community and in turn would put off applicants in the future. In this episode I will cover: * A background to the law. * The facts of the case. * Why business owners and HR professionals need to be cautious of comments they make about those with 'Protected Characteristics'. * Why the Court of Justice of the European Union took the decision they did in this case.
Action Points 1. Ensure any spokespersons or senior people in your business have training on the equality act and discrimination principles. 2. Ensure that all staff understand the impact of making public statements in any form, radio, TV, social media etc which are discriminatory. 3. Create a culture which is fair and reasonable and within which equality is promoted. 4. Have a written policy in place setting out your approach to equality. 5. Seek advice if you are unsure.
Resources NH v Associazione Avvocatura per i diritti LGBTI
The Equality Act 2010
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
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Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
In this episode of the podcast I bring you a brief overview of the basics of discrimination. This episode is ideal if you are new to HR, management or you just want a refresher of what discrimination is. In this episode I will cover: * A background to the law. * What you need to know as an employer or HR professional. * What protected characteristics are. * The different types of discrimination. * Discrimination claims which are unique to disability. * The key steps an employer needs to take.
Action Points 1. Where possible provide some training to all staff on the principles of equality. 2. At the very least ensure managers are aware of the key principles and elements of the Equality Act and discrimination. 3. Create a culture which is fair and reasonable and within which equality is promoted. 4. Have a written policy in place setting out your approach to equality. 5. Seek advice if you are unsure.
Resources The Equality Act 2010
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
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- indicates required
I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
In this episode of the podcast I cover a recent case decided by the Norwich Employment Tribunal as to whether a vegetarian employee could claim protection from discrimination on the grounds of vegetarianism. In this episode I will cover: * A background to the law. * How the employment tribunal determine a 'philosophical belief'. * Why it is a 'hot topic' currently. * How it is related to a similar case about veganism. * What you should take from this case as an employer.
Action Points 1. Create a working environment where differences and beliefs are celebrated and accepted. 2. Behave fairly and reasonably to all employees regardless of your views on their beliefs. 3. Have your rules and codes of conduct and behaviour set out in writing and communicated to all employees. 4. Seek advice if you are unsure.
Resources Conisbee v Crossley Farms Limited & Others - Employment Tribunal Article on Philosophical Beliefs and the Vegan Case
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Photo by Simon Matzinger on Unsplash
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I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
In this episode of the podcast I interview Dr Julia Shaw about Spot, which she has co-founded to help employers and employees with harassment and discrimination recording and reporting. About Dr Julia Shaw In 2017 Dr Julia Shaw co-founded the memory science and artificial intelligence start-up Spot.
Spot helps employees report workplace harassment and discrimination, and empowers organisations to build a more inclusive and respectful work environment.
Dr Shaw is also a psychological scientist at UCL, and is best known for her research in the areas of memory and criminal psychology.
Dr Shaw also consults as an expert on legal cases, particularly cases involving historic allegations. Spot
Useful Links https://www.drjuliashaw.com/ https://en.wikipedia.org/wiki/Julia_Shaw_(psychologist) Julia's TedX Talk https://talktospot.com/
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
Last Name
- indicates required
I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
Harassment and discrimination In this episode of the podcast I analyse the report commissioned by the Women and Equalities Committee into whether the use of non-disclosure agreements in harassment and discrimination cases is unethical, and how they should be dealt with in the future. In this episode I will cover: * The 12 recommendations discussed in the report. * My critical analysis for each recommendation. * How to ensure your business is using non-disclosure agreements correctly. * Why having a robust process for dealing with harassment and discrimination is essential for a successful business.
Action Points 1. Non-disclosure agreements and confidentiality clauses in settlement agreements must not be used to pressure those who have suffered from discrimination or harassment at work to keep silent. 2. Ensure you have the appropriate procedures in place to prevent discrimination and harassment at work 3. Ensure management are trained in how to deal with complaints of this kind and that staff are trained to identify such behaviour and to report it 4. Seek legal advice before making any decisions.
Useful Links You can read the full report HERE
Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
Last Name
- indicates required
I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
A summary of the decision in the Employment Appeal Tribunal discrimination case of Gan Menachem Hendon Limited v De Groen In this episode of the podcast I cover the recent case of the Jewish nursery who dismissed an employee who refused to lie about cohabiting with her boyfriend. A case that follows the decision of the Supreme Court in the 'Gay Cake' case, reported previously in episode 109 of the podcast. In this episode I will cover: * The basis in law for the claim. * The facts of the case. * A summary of the Appeal Tribunal decision. * My thoughts on the case and why this judgement was the outcome. * Comparison to the Gay Cake case.
Action Points 1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination; 2. Get some specific training for staff in Equality & Diversity and update regularly; 3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act; 4. Seek advice before making any decisions or embarking on potentially controversial conversations with employees, particularly if not work related.
We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance. Useful Links Gan Menachem Hendon Limited v De Groen - Employment Appeal Tribunal Lee v Ashers Baking Company Limited - Supreme Court Judgement
Podcast Episode 109
Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training on the Equality Act 2010. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Photo by Søren Astrup Jørgensen on Unsplash
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
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I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
A summary of the decision in the Supreme Court Discrimination case of Lee v Ashers Baking Company Limited In this episode of the podcast I cover the high profile case which has become known as the 'Gay Cake' case, in which the Ashers Baking Company Limited refused to create and sell a cake to Mr Lee containing the slogan 'Support Gay Marriage'. Although not an 'employment' case it is relevant to the area of discrimination in employment. In this episode I will cover: * The basis in law for the claim. * The facts of the case. * A summary of the supreme court decision. * My thoughts on the case and why this judgement was the outcome. * Comparison from a 'similar' case in Colorado in the US.
Action Points 1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination and the potential implications in the service or goods you sell/provide, as well as in respect of employees; 2. Get some specific training for staff in Equality & Diversity and update regularly; 3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act.
We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance. Useful Links Lee v Ashers Baking Company Limited - Supreme Court Judgement
BBC Report on Case Masterpiece Supreme Court Case from Colorado - CNN news piece
Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training on the Equality Act 2010. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk
Photo by Annie Spratt on Unsplash
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
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- indicates required
I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
What is Sexual Harassment? & How does the law protect people in the UK? Following recent news about the long running and high profile allegations of sexual harassment against Harvey Weinstein in the US there has been a lot of coverage in the media about sexual harassment and harassment in the workplace. With this coverage has been the social media campaign #metoo where women who have been subject to some form of harassment are using the hashtag in their social media to highlight the issue. I thought that it would be a good time to cover what the law in the UK says about sexual harassment and to provide an update for employers to help understand responsibilities and how to ensure the culture in your workplace does not allow this kind of behaviour to take place. In this episode I will cover: * The law in the UK regarding sexual harassment; * The legal test for establishing sexual harassment; * Some case examples of what constitutes sexual harassment at work; * Some tips and hints to prevent issues arising; * How to ensure that this culture does not develop in your organisation.
Action Points 1. Act quickly if faced with allegations or suspicions of such behaviour; 2. Be clear on the type of behaviour that is acceptable in your organisation; 3. Have a clear policy on acceptable behaviour and methods or reporting; 4. Deal with any allegations or issues seriously.
Useful Links BBC 5 Live survey Results & Report: Here
Equality Act 2010
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Sign up for my fortnightly newsletter Email Address *
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Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
Gutierrez v Newcastle Football Club In this weeks' episode I bring you a recent case about a premier league footballer who has successfully pursued a claim for disability discrimination against his former employer, Newcastle FC.
In this episode I will cover: * The facts of the case; * Why the case is interesting & rare in the Employment Tribunal; * What an employers obligations are to an employee who is diagnosed with cancer; * Different types of disability discrimination; * Why you need to seek specialist advice before taking any action regarding a disabled employee.
Action Points 1. Ensure that your managers and supervisors have at least some basic training on the Equality Act; 2. Check that you have an Equality and Diversity policy in your staff handbook ; 3. Get advice about any tricky issues that may arise alison@realemploymentlawadvice.co.uk .
Helpful Information & Links The Equality Act 2010
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Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Is an instruction to only speak English at work discrimination? A recent discrimination case has been decided by the Employment Appeal Tribunal concerning an instruction to a Russian employee not to speak Russian at work, an interesting case for various reasons.
In this episode I will cover: * What the relevant legal provisions are regarding direct discrimination and harassment * What is required to bring a claim for direct discrimination * What is required for behaviour to constitute harassment * Reasons you should proceed with caution with regards to employees who have been employed for less than 2 years * Steps you can take to prevent a claim
Action Points Ensure that your managers and supervisors have some training and/or knowledge of the requirements of the Equality Act and that they understand that instructions they give to employees can lead to an employment tribunal claim.
Helpful Links Kelly v Covance Laboratories Limited
UK Business Startup Podcast
HR Harbour
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Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.