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The concept whereby an employee suffers from the conduct of, or an act by, an employer or another person which is in the form of harassment.
Harassment can occur by way of bullying in the workplace or on the basis of discrimination. In the latter case, there the definition for harassment is unwanted conduct on the grounds of race, gender, sexual orientation etc. which has the purpose or effect of either violating the claimant's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
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Compliance with the Equality Act 2010 by service providers—checklist This Checklist consists of practical steps which service providers can take in relation to their provision of goods, services and facilities in a way that is compliant with their obligation not to discriminate between customers under the Equality Act 2010 (EqA 2010). See Practice Note: Equality Act 2010—discrimination in the provision of goods, services and facilities. General principles • Treat everyone accessing your goods, facilities or services equally (and no less favourably than any other person accessing the same)—regardless of age, gender, race, sexual orientation, disability, gender reassignment, pregnancy or maternity, religion or belief. This does not mean you have to treat everyone in the same way; in some circumstances, you may need to provide services in a different way to meet the needs of people, for example, when making reasonable adjustments for those with a disability, carrying out lawful positive action initiatives under the EqA 2010, or for the provision of single sex services. • Look at your...
Agency workers: checklist of rights This Checklist sets out: • the rights that an agency worker will have under the Agency Workers Regulations 2010, SI 2010/93 (AWR 2010) (see: Rights under AWR 2010 below) • the rights that an agency worker may have under other relevant legislation (see: Rights under other legislation below), and • the specific exclusions that apply (see: Exclusions below) An agency worker may also have rights as an employee or as a worker, provided they meet the requirements of the relevant definition. For further information: • on the meaning of ‘employee’, see Practice Note: Employee status • on what is a worker, see Practice Note: Worker status • on the rights that an agency worker may have as a employee or as a worker, see: Employees and workers: checklist of rights Rights under AWR 2010 For the purposes of AWR 2010, SI 2010/93, an agency worker is an individual: • supplied by a temporary work agency to work temporarily for, and under the supervision and direction...
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This Practice Note considers harassment under the Equality Act 2010 (EqA 2010), namely subjecting someone to unwanted conduct which is related to a relevant protected characteristic (race, sex etc), where the conduct has the purpose or effect of violating the victim's dignity or creating an environment that is intimidating (eg bullying), hostile, degrading, humiliating or offensive.Sexual harassment (ie unwanted conduct of a sexual nature which has the requisite purpose or effect), and the duty on employers to prevent sexual harassment, are dealt with separately in Practice Note: Sexual harassment and the duty to prevent it.The Practice Note also considers the Protection from Harassment Act 1997 (PHA 1997) (see: Protection from Harassment Act 1997, below).This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.Domestic laws that implement UK obligations under EU law are assimilated law. For further information, see Practice Note: Assimilated law.EHRC...
This Practice Note sets out the circumstances in which claims of discrimination, harassment and victimisation and certain other claims, known as ‘prohibited conduct’ claims under the Equality Act 2010 (EqA 2010), may arise, before, during and after employment.This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.Domestic laws that have been made to implement UK obligations under EU law (such as the obligation to implement a Directive) were retained EU-derived domestic legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). From 1 January 2024, under the Retained EU Law (Revocation and Reform) Act 2023, EU-derived domestic legislation is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under EU(W)A 2018). For more information, see Practice Note: Assimilated law.The meaning of...
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Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...
ET3 grounds for resisting claim—religion or belief: direct or indirect discrimination, harassment [Insert in para 6.1 of response form ET3:] 1 Paragraph 1 of the Grounds of Claim is admitted. 2 It is admitted that on or about [insert date], the Respondent announced the introduction of a new rolling shift system which would require all poultry processors to work on Sunday one week in every four and that the Claimant objected to the new system on the basis that she attends religious services every Sunday. It is admitted that the Respondent has implemented the new shift system. 3 The new shift system was a proportionate means of achieving a legitimate aim. The Respondent had to introduce Sunday working in order to ensure that its poultry business remained profitable and to avoid closing down that part of its operations. A questionnaire circulated amongst employees on or about [insert date] revealed that very few wanted to volunteer for Sunday shifts for a variety of reasons including family and other...
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This edition of Employment weekly highlights includes: (1) a new Employment Rights Bill factsheet on changes to the statutory sick pay structure, (2) the EHRC interim update on the practical implications of For Women Scotland v The Scottish Ministers Supreme Court decision, and confirmation that an updated EHRC Code of Practice is expected in summer, (3) analysis by Annie Davis of Old Square Chambers of Court of Appeal guidance on Article 14 ECHR challenges to employment legislation, (4) examination by the EAT of the benchmark for costs orders in discrimination claims, (5) an EAT judgment addressing the question of relevance when determining applications for information and disclosure of documents, (6) an EAT decision that acquiescence over businesses getting struck-off can be unreasonable conduct for the purposes of a costs order, (7) our new Practice Note on employers’ obligations to manage workplace temperature, (8) dates for your diary, and (9) other news items of interest to employment practitioners.
Law360: The best approach for employers after the Supreme Court's seismic ruling on the legal definition of a woman is to make all enclosed single-user washrooms unisex and consult staff for their thoughts on making further facilities gender-neutral, lawyers and experts say.
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