2 PDF reports for legal safety in your workplace practices

Table of contents

1. Introduction to the Equality Act 2010

1.1. What does the Equality Act 2010 cover?

1.2. When did the Act come into operation?

1.3. Does the Act cover all of the United Kingdom?

1.4. Is the Act accompanied by codes of practice and guidance?

1.5. What’s not in the Act?

1.6. Is it good news?

2. Vicarious legal liability

2.1. What is vicarious liability?

2.2. Can an individual employee be liable, but not their employer?

2.3. Could an employee argue that we told them to discriminate?

2.4. How can we defend a discrimination claim?

3. Instructing and aiding discrimination

3.1. Can we avoid liability by getting someone to do the unlawful act for us?

3.2. Can we be liable if we help someone to do an unlawful act but we don’t realise it’s unlawful?

4. Protected characteristics and direct discrimination

4.1. What is a protected characteristic?

4.2. What’s the definition of direct discrimination in the Act?

4.3. Does the claimant have to show more favourable treatment elsewhere?

4.4. What’s the point of a hypothetical comparator?

4.5. How does this definition apply to age?

4.6. Why was perceptive discrimination introduced under the Act?

4.7. How can someone associated with a person with a protected characteristic claim discrimination?

4.8. Why are maternity and pregnancy treated differently?

4.9. What’s the situation after the “protected period” ends?

5. Indirect discrimination

5.1. What is indirect discrimination?

5.2. What’s the definition of indirect discrimination in the Act?

5.3. What does “disadvantage” mean?

5.4. Does this mean we could indirectly discriminate in recruitment?

5.5. What is meant by “objective justification”?

5.6. Are there examples of objective justification?

5.7. Are there any exceptions?

6. Harassment

6.1. What is the definition of harassment in the Act?

6.2. What are some examples of harassment?

6.3. Does there need to be a motivation or intention to harass?

6.4. Could we be liable for third-party harassment?

6.5. Are there any other types of harassment defined in the Act?

6.6. Is there any special reason for the exceptions?

6.7. Is there any guidance available on harassment?

7. Victimisation

7.1. What is victimisation?

7.2. Is it victimisation if we discipline an employee for talking about pay?

8. Disability discrimination

8.1. What is the definition of disability under the Act?

8.2. Are carers now given special protection under the Act?

8.3. Did the Act introduce any changes to disability-related discrimination?

8.4. What does the right involve?

8.5. Are there any other ways to claim disability discrimination under the Act?

8.6. Are there any problems associated with this right to claim?

8.7. Has the duty to make reasonable adjustments been left unchanged?

8.8. How could we fail to make reasonable adjustments?

8.9. Is there any defence to not making a reasonable adjustment?

8.10. Can we share the cost of making adjustments with a disabled employee?

8.11. Is there any good news?

8.12. Could a non-disabled employee claim discrimination?

8.13. Can we make pre-employment health enquiries?

8.14. What are the exemptions?

8.15. What happens if we do ask a candidate about their health?

8.16. When can we ask questions about a candidate’s health?

8.17. In selection interviews can we ask candidates about their absence record?

8.18. Can we ask a successful candidate to undergo a medical examination?

8.19. Can disability be an occupational requirement?

9. Race discrimination

9.1. Did the Act introduce any changes regarding race?

10. Religion or belief discrimination

10.1. What does the Act say about the meaning of religion or belief?

10.2. Are there any special exceptions?

11. Caste discrimination

11.1. What protected characteristic does this cover?

11.2. Is this now law?

12. Sexual orientation

12.1. What is the scope of protection on sexual orientation?

13. Gender reassignment

13.1. What is gender reassignment?

13.2. Is medical treatment necessary for someone to be transgender?

13.3. What about if someone is non-binary?

13.4. At what point is a transgender person protected?

14. Age discrimination

14.1. What’s the position on retiring staff?

14.2. Can you ever have a compulsory normal retirement age now that the DRA has been abolished?

15. Positive action

15.1. Is positive action a new measure introduced by the Act?

15.2. What is meant by positive discrimination?

15.3. What’s the aim of positive action?

15.4. Do we have to offer the job to the one with a protected characteristic?

15.5. When should we take this type of positive action?

15.6. What does “as qualified” mean?

15.7. So, in practice, could candidates be “as qualified” as each other?

15.8. How else could we take positive action in recruitment and training?

16. Occupational requirements

16.1. When could an occupational requirement (OR) apply?

17. Public sector duties

17.1. What are the public sector duties?

18. Equal pay and pay secrecy

18.1. Is there any change to the way an equal pay claim has to be made under the Act?

18.2. Has the genuine material factor (GMF) defence changed under the Act?

18.3. Are there any exceptions to this rule?

18.4. Can discussions about pay between employees be banned?

18.5. Do we have to introduce equal pay audits and gender pay gap reporting?

18.6. What’s all this based on? Is there really a gender pay gap?

18.7. What about ethnicity or disability pay gap reporting?

18.8. What additional powers do tribunals have?

19. Appendices

19.1. Appendix 1

19.2. Appendix 2

1. Forming and issuing a contract

1.1. What is a contract of employment?

1.2. How is the contract formed?

1.3. Can what we promise in an offer letter form part of the contract?

1.4. If there’s no legal requirement, why bother with a contract?

1.5. Does the employee have to sign the contract?

1.6. Can we make a conditional offer of employment?

1.7. Can we change our mind after making a job offer?

2. The written statement

2.1. Are we legally obliged to issue written contracts?

2.2. What must we include?

2.3. What is the penalty if we don’t provide a written statement?

2.4. What if we change one of the employment particulars?

2.5. What do we include under hours of work?

2.6. What do we say about holidays?

2.7. What’s the latest on overtime and holiday pay?

2.8. Does the same position apply in respect of commission and holiday pay?

2.9. What about sick pay and leave?

2.10. Do we have to be careful with attendance-related bonuses?

2.11. Does annual leave continue to accrue during sickness absence?

2.12. What should we say about notice?

2.13. Should we include a mobility clause?

2.14. What level of detail do we need to give about other benefits?

2.15. Is it better to include a job title or a job description?

2.16. What should we say about disciplinary rules?

2.17. Isn’t there a risk that a worker may be deemed to be an employee if we issue them with a written statement of employment particulars?

3. Employee or self-employed?

3.1. Why does employment status matter?

3.2. What are the determining factors of status?

3.3. What is a worker and what statutory employment rights apply to workers?

3.4. What is employee shareholder status?

4. Contractual terms

4.1. What sort of terms are there?

4.2. What are the main implied terms?

4.3. What about the duties our employees owe us?

5. Changing the terms - with consent

5.1. Can’t we simply change the terms to suit our business needs?

5.2. What if there’s a flexibility clause in the contract?

5.3. If we don’t have a clause, how do we get the employee’s consent?

5.4. What if the employee refuses to accept the change?

6. Changing the terms - without consent

6.1. Our employee won’t agree to a change and we have no flexibility clause. What can we do?

6.2. Breaching the contract? Is this safe?

6.3. If we dismiss and re-employ, is this the safer option?

6.4. What’s the effect of dismissal and re-employment?

7. Deductions from wages

7.1. When can we make deductions from an employee’s pay?

7.2. So if it’s in the contract, we’re safe?

7.3. If we don’t have a clause, can we deduct pay if the employee or worker agrees?

7.4. If we overpay an employee or worker, do we still need their consent to claim it back?

7.5. Is there special protection for retail workers?

7.6. What are the Regulations regarding unlawful deductions?

8. Breach of contract - the employee’s remedies

8.1. How does our employee make a claim against us?

8.2. How much are they likely to receive?

8.3. Do we have the right to counter-claim in employment tribunal?

9. Breach of contract - the employer’s remedies

9.1. If our employee fails to show up for work, do we have to pay them?

9.2. Can we claim compensation for the employee’s breach?

9.3. How long do we have to make such claims?

9.4. Are there any other remedies available?

10. Non-contractual terms

10.1. Which terms might be non-contractual?

10.2. Does it have contractual status?

10.3. Is it easy to amend non-contractual policies?

10.4. Why are policies important?

10.5. How often should we communicate our policies and procedures?

11. Employment contracts and TUPE

11.1. What is TUPE?

11.2. How does TUPE affect employees’ contractual rights?

11.3. Can we change an employee’s terms after transfer?

11.4. What’s a dismissal by a substantial change in working conditions?

11.5. What should we consider when buying a business?

12. Unenforceable contract terms

12.1. When is a complete contract unenforceable?

12.2. Which individual terms may be unenforceable?

13. Statutory provisions

13.1. Which statutory provisions are relevant to the contract?

13.2. How do the provisions on equal pay and discrimination affect us?

13.3. What’s the story on health and safety?

13.4. What about data protection?