Sex discrimination meaning

In this issue: Horizon scanning Directors Status and worker categories Cross-border, international and jurisdictional issues Recruitment Protected characteristics Prohibited Conduct (discrimination etc) Diversity and gender pay gap Maternity, parents and carers Financial services and banking: employment issues Data protection and employee information Bribery, modern slavery, tax evasion and fraud Employment Tribunals Scotland Ireland LexTalk®Employment: a Lexis®Nexis community Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Horizon scanning BTC launches call for evidence on Employment Rights Bill The Business and Trade Committee (BTC) has opened its first request for evidence for a new inquiry into the Employment Rights Bill (ERB). The inquiry will collect written and oral submissions to steer the Bill’s subsequent passage through Parliament and to gauge whether it is set to meet its stated aims. Written evidence should be submitted by Friday...

In this issue: Horizon scanning Status and worker categories Cross-border, international and jurisdictional issues Benefits Prohibited conduct (discrimination etc) TUPE and asset purchases Bribery, modern slavery, tax evasion and fraud Employment Tribunals Immigration IRLR Highlights—January 2025 Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment Highlights 2024/2025 Horizon scanning Employment Law—looking back at 2024 and ahead to 2025: The Lexis+® Employment team provide a concise overview of the standout employment law changes across 2024 and signpost what to watch in 2025, including movement on the Employment Rights Bill, the forthcoming employer duty to prevent sexual harassment, the Equality (Race and Disability) Bill, plus other impending legislation and significant cases. See News Analysis: Employment Law—looking back at 2024 and ahead to 2025. Status and worker categories MoD loses application to rehear army reservists pension bias case: In Milroy v...

In this edition: Employment contract Pay Protected characteristics Prohibited conduct (discrimination etc) Prohibited conduct protection at work Equality of terms (equal pay) Employment Appeal Tribunal Governance and regulatory Immigration Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment contract UKSC upholds claimants’ appeal and restores injunction in Tesco ‘fire and rehire’ case In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, Tesco moved to end employees’ contracts to remove their ‘retained pay’—a contractual financial entitlement accepted as permanent—and to offer re-engagement on new terms excluding that pay. Working with the union, USDAW, several employees obtained a High Court injunction restraining Tesco from dismissing them in order to take away the retained pay entitlement. The Court of Appeal, however, allowed Tesco’s appeal against that order. The Supreme Court has since backed the claimants’ appeal and...

This Practice Note outlines the available resources concerning safeguards and liabilities arising from acts or failures to act that constitute sexual orientation discrimination, or other forms of prohibited conduct linked to sexual orientation. The detail here is intentionally limited, as the principal aim is to point subscribers towards comprehensive materials contained in additional Practice Notes that explore each element in depth. Consequently, treat this Practice Note as an entry point for research; full coverage is provided only in the places signposted below. Its role is to point you forward, not to replace the comprehensive Practice Notes that address each strand of the topic at length, and the links below are where complete information is intended to be consulted and used. The characteristics protected The Equality Act 2010 (EqA 2010) affords protection against discrimination and other prohibited conduct connected to particular listed characteristics a person may have. Some protections apply solely to one such characteristic. Others operate uniformly across all of them, which together are described as ‘the protected...

An employer may choose to set a dress policy for several reasons, including: presenting a polished, professional look that reflects the organisation’s brand; requiring a uniform; and/or complying with health and safety obligations Employers have considerable freedom in framing a dress policy, but in reality that latitude is tempered by: the need to apply comparable standards to all staff and to base them on a genuine business need, to minimise the risk of successful discrimination claims; and broader employee relations considerations, since the employer will want a policy that is broadly acceptable to most employees This Practice Note examines: relevant statutory and non-statutory guidance on dress codes the discrimination risks and practical considerations that can arise in relation to a dress code specific aspects of attire an employer may wish to include in a dress policy how to implement and enforce a dress code This Practice...

This Practice Note explores which provisions of the Equality Act 2010 (EqA 2010) bring into force the prohibitions on discrimination in schools, the various forms of discrimination—sex, race, religion or belief, age, marriage or civil partnership, and disability—and any relevant exceptions that may apply. It further explains that the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, oblige education-function public authorities to publish yearly information showing compliance with the public sector equality duty (PSED) in EqA 2010, s 149... The public sector equality duty Under the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, specific obligations apply to public authorities with education responsibilities. Those bodies must publish material evidencing adherence to the PSED under EqA 2010, s 149, at annual intervals. This must be done every year. See Practice Notes: Specific public sector equality duties—England and Specific public sector equality duties—Wales...

1 Policy statement The Company is committed to advancing equality, diversity and inclusion (EDI). By this we mean: equality: delivering fair treatment and equal opportunity for all employees, workers and job applicants, and eradicating unlawful discrimination; diversity: acknowledging, respecting and valuing the differences in our people’s protected characteristics, backgrounds, skills and experience, and encouraging gender, age and ethnic diversity, alongside diverse physical ability and neurodiversity across our workforce; inclusion: creating a fair, safe workplace for everyone that values difference and enables each person to be themselves, reach their potential and thrive at work. The Company will not unlawfully discriminate against any employee, worker or job applicant on the basis of any protected characteristic recognised by current legislation, namely: age; disability; gender reassignment; marriage or civil partnership status; pregnancy and maternity; race (including colour, nationality and ethnic or national origin); religion or belief; sex; or sexual orientation...

[ Insert in para 8.2 of claim form ET1: ] The Respondent engaged the Claimant as a [ job title ]. She was based at the Respondent’s premises at [ insert address ], where she was one of only three women employed. [ It was an implied term of the Claimant’s employment contract that the Respondent would not behave in a way calculated or likely to erode the mutual trust and confidence between employer and employee. ] The Claimant contends that the Respondent subjected her to [ a course of ] discrimination, sex-related harassment, harassment of a sexual nature, and victimisation, which encompassed discriminatory and constructive unfair dismissal. On or around [ insert date ], her colleague, [ insert name ], asked her to send him certain sales reports. She informed [ insert name ] that she was in the process of compiling the figures and would supply the full report after lunch. He replied, ‘No need to bite my head off. Is it that...

Part A Statement of facts I began working for the company on [ insert date ], serving as Mr A’s personal assistant. On several occasions from around [ insert date ], Mr A directed sexually suggestive comments towards me. Specifically, he asked, ‘Did you get any over the weekend?’ and ‘You look glum, that boyfriend of yours not keeping you happy?’ and frequently remarked on my clothing and personal appearance. I made it plain that these comments were unwelcome. In particular, on or about [ insert date ], I stated that I did not wish to discuss my sex life or my appearance and asked that he interact with me in a more professional way. On or about [ insert date ], during my annual appraisal, Mr A called me into a meeting and advised that I had been given a score of 4 (unsatisfactory) in several areas. This was despite my having recently passed my probation and receiving no complaints regarding the standard...

Maternity leave For general guidance on maternity leave, refer to Practice Note: Maternity leave. The relationship between holiday, maternity leave and categories of family leave is intricate. Because only a woman may take maternity leave, sex discrimination considerations have shaped how the European Court of Justice (ECJ) has approached holiday entitlement. By contrast, other forms of family leave can be taken by eligible people of any sex, making sex discrimination less relevant overall. All contractual terms (other than those concerning pay) continue to apply throughout both ordinary and additional maternity leave (sections 71(5) and 73(5) of the Employment Rights Act 1996, Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312, reg 9(1)–(2)). See also Practice Note: Maternity leave—Rights during ordinary and additional maternity leave. Accordingly, women continue to accrue statutory and contractual holiday in the usual manner while on maternity leave throughout that period accordingly...