Searching Content indexed under Discrimination, Disability & Sexual Harassment by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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Equal Opportunities In Hong Kong - One Tribunal Too Many?
In our October 2010 e-bulletin we reported on recommendations by the Equal Opportunities Commission (EOC) for an Equal Opportunities Tribunal (EOT) in Hong Kong.
Hong Kong
3 Oct 2011
In the recent case of Thomas Sanderson Blinds v English, the EAT considered the situation where an individual who alleges harassment deals similar offensive banter out themselves.
13 Apr 2011
Burden of Proof in Whistleblowing Cases – A Greater Burden for Employers
The decision in the recent case of Fecitt & Others v NHS Manchester will make it more difficult for employers to defend whistleblowing cases.
6 Jan 2011
When Does A Dismissal Letter Take Effect?
Establishing when a dismissal takes effect is important when an employer is seeking to dismiss an employee before they have one year’s service, so that they do not have the requisite length of service to bring an unfair dismissal claim.
29 Oct 2010
Airlines And Employment Rights: How Far Do They Travel?
The Employment Appeal Tribunal (EAT) has handed down its decision in the case of British Airways v Mak.
28 Jan 2010
Associative Discrimination
In the recent case of Saini v All Saints Haque Centre, Bungay and Paul (2008) the EAT has confirmed that employees can bring claims for religious discrimination based on not just their own religion or belief but based on the religion or belief of a third party, known as "associative discrimination".
14 May 2009
Disability-Related Discrimination - The Comparator Test Revisited?
A recent House of Lords' decision serves to blur the line between the tests for disability-related and direct discrimination.
17 Oct 2008
Equality Bill
With the introduction of the Equality Bill looming, we highlight the key changes to the existing legislation.
17 Oct 2008
Discrimination Based On Perception And Association
UK law currently prohibits an employer from discriminating in the employment field on the grounds of sex, marital and civil partnership status, gender reassignment, race, disability, religion or belief, sexual orientation or age (each known as a "strand").
30 Apr 2008
How Not To Monitor Your Employees´ Communications
In Copland v The United Kingdom (2007), the European Court of Human Rights (ECHR) found that the UK had violated Ms Copland's right to respect for her private life and correspondence under Article 8 of the European Convention on Human Rights ("the Convention"), by the way in which it monitored her telephone calls, e-mail correspondence and internet use.
16 Sep 2007
Bonuses And Maternity Leave: To Pay Or Not To Pay?
Since our report on Hoyland v Asda Stores Limited (2005) in the July 2005 edition of the Employment Law review, there have been some changes to the Sex Discrimination Act (SDA) and the Equal Pay Act (EPA) which may impact on the amount of bonus that an employee is entitled to receive.
16 May 2007
Good Leavers, Bad Leavers And Age Discrimination
Employee share schemes Frequently discriminate, either directly or indirectly, on the grounds of age. Here we consider the impact of the new age Discrimination legislation on good leaver/bad leaver clauses and alternative approaches employers could adopt.
8 May 2007
The Burden Of Proof In Discrimination Cases
In Madarassy v Nomura International plc (2007), the Court of Appeal has clarified the correct approach to applying the burden of proof in sex discrimination cases, with wider application to all discrimination claims. The bare fact that there is a difference in gender and a difference in treatment is not enough for the claimant to establish a prima facie case of discrimination.
8 May 2007
Job Applications And Age Discrimination
The Equality Tribunal in the Republic of Ireland has recently published its decision in "Cunningham v BMS Sales Ltd" - an age discrimination claim brought against a recruitment company - which is likely to be relevant in the UK.
27 Apr 2007
No Obligation To Extend Sick Pay For Disabled Employees
The recent decision by the Court of Appeal in O'Hanlon v Commissioners for HM Revenue & Customs will be welcomed by employers, in light of the implications it has for sick pay policies. The Court of Appeal held that, when Mrs Hanlon's entitlement to sick pay had been exhausted under HM Revenue & Customs' sick pay policy, the employer's failure to continue to pay Mrs O'Hanlon was neither a failure to make a reasonable adjustment nor disability discrimination.
13 Apr 2007
The New Age Discrimination Legislation: What Partnerships Need To Know
The new Employment Equality (Age) Regulations 2006 (the "Regulations") came into force on 1 October 2006 and prohibit discrimination, harassment and victimisation on the grounds of age.
1 Mar 2007
Workplace Safety And Health: Cabin Crew Personal Injury
Employers in Hong Kong should note a recent judgment of the Hong Kong Court of Final Appeal which has found that an employer can be liable for injury to an employee which has been caused by foreseeable negligence on the part of the employee.
5 Oct 2006
Directors’ and Officers’ Liability Review, Summer 2006
The Employment Equality (Age) Regulations 2006 come into force on 1 October 2006 and, subject to some significant points of detail, broadly follow the pattern of other anti-discrimination regimes. It will now be unlawful not only to discriminate directly or indirectly against a person based upon their age, but also on the basis of their ‘perceived’ age – a concept that could prove difficult to apply in practice.
14 Aug 2006
Permanent Health Insurance
In order to provide employees with protection from being deprived of the benefit of the PHI policy, the Courts have said that there is an implied term in the contract of employment that an employee will not be dismissed where they are incapable of work and where they are in receipt of, or likely to receive, benefits under a PHI policy (Aspden v Webbs Poultry (1996)).
2 Sep 2005
The Impact of Maternity Leave on an Employer’s Obligation to Pay Bonuses
The impact of maternity leave on an employer’s obligation to pay bonuses has been a grey area for several years. In particular, it has been unclear whether an employer can pro-rate a bonus so that it is payable only in respect of the period when an employee is at work prior to taking maternity leave or whether bonuses must be paid in full in any event.
2 Sep 2005
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