It is crucially important that employers are aware of the ‘reach’ of rules on harassment in the UK. A recent Employment Appeal Tribunal decision serves as a reminder that conduct can constitute harassment under Equality Act 2010 even where the perpetrators did not intend to harass. The legal test for harassment requires the conduct to… [Read More]

Under the Equality Act 2010, direct discrimination happens when someone is treated less favourably because of a protected characteristic, such as race. To succeed in a direct discrimination claim, an employee must show: If these two criteria are met, the burden of proof shifts to the employer to show that the treatment was not discriminatory…. [Read More]

Kellington–Crawford v Newlands Care Angus Ltd In Kellington–Crawford v Newlands Care Angus Ltd, an English care worker succeeded in claims of race discrimination and harassment after a disciplinary meeting where her three Polish managers spoke to each other in Polish. The employee said that, because she didn’t speak Polish, she felt intimidated and isolated. Ironically,… [Read More]

Covert surveillance in an employment context is an uncomfortable concept. The employment relationship is underpinned, on both sides, by a duty of trust and confidence. So, spying on your employees should be the last resort, and used sparingly. 5 risks of covert surveillance There are several legal risks if you covertly monitor an employee without… [Read More]

It’s the nature of the employment relationship that employers must occasionally have difficult conversations with their employees – about career progression, conduct or business strategy. If an employee is struggling, their employer may need to critique their performance. Clearly these are important conversations to have, and they must be able to take place. Dishing out… [Read More]