Disabled employees are protected from unfair treatment by their employer for a reason to do with their disability. Unfavourable treatment will amount to discrimination unless it can be objectively justified. So, for example, if an employee takes sick leave because of their disability, they shouldn’t be treated unfairly because of that, unless the employer can… [Read More]
Can an employee be found not personally liable for an act of discrimination when the employer is found liable?
What is vicarious liability? ‘Vicarious liability’ means that, usually, employers are responsible for discriminatory actions by their employees if they occur during employment. However, employees can also be personally responsible for discrimination. Claimants can bring certain discrimination claims against both their employer and the individual employees involved. Baldwin v Cleves School and others The Employment… [Read More]
5 holiday pay essentials in 2024
Holiday pay – the basics From January 1, 2024, statutory holiday (4 weeks of holiday pay each year) must be paid at ‘normal pay’ which should include: Statutory holiday vs. additional holiday Fixed pay vs. variable pay Irregular hours and part-year workers No pay in lieu, during employment Employees must take their holiday. As an… [Read More]
When is an employee ‘disabled’ under the Equality Act 2010?
Disability is a protected characteristic under the Equality Act 2010, which means that disabled people are legally protected from discrimination at work. What is the definition of disabled? Section 6 of the Equality Act 2010 defines a disability as a physical or mental impairment that has a substantial and long-term adverse effect on their ability… [Read More]
Falling asleep on the job? A cautionary tale
It’s one thing to nod off for a few minutes during a training session (who hasn’t!). Chances are, nobody will notice, and the only consequence might be a bit of embarrassment. However, if your job involves driving or operating dangerous machinery, then it is a much more serious issue. But the consequences can be significant,… [Read More]