Religion and Belief Discrimination

Under the Equality Act of 2010 “religion” is defined as including religion, religious belief and philosophical belief. The act prohibits discrimination because of religion, belief or lack of religion or belief. Discrimination covers four areas.
Direct religion or belief discrimination is where someone is treated less favourably because of religion or belief and this also includes treating someone less favourably because of a perception, which could be right or wrong, that they may have a particular belief or belong to a certain religion or because of their association with someone of a certain religion or belief. Direct discrimination would also apply when someone refuses to follow an instruction that is

Managing Stress at Work

Six Management Standards

The most recent figures available show that absence due to work related stress accounts for 39% of the total number of work related illnesses and the average time away from work is 23 days for each case. These figures also indicate that the rates of work-related stress, depression or anxiety, for both total and new cases, have remained broadly flat for more than ten years. However absence for work related stress presents a huge cost to an organisation and ensuring that the correct policies and procedures are in place to mitigate against this and effectively deal with issues as they arise is very important.


Age Discrimination

The Equality Act of 2010 made it illegal to discriminate against employees, trainees and job seekers on the grounds of age and gave no upper age limit for redundancy and unfair dismissal.
The act covers all workers and applies to related areas such as membership of trade organisations, the award of qualifications, the services of careers guidance organisations, employment agencies and vocational training providers, including further and higher education institutions.
There are four types of age discrimination

Direct discrimination – where someone is treated less favourably because of their age, perceived age or the age of someone with whom they are associated. This treatment can only be

Holiday Pay Latest

It’s now a few months since the ‘Bear Scotland’ holiday pay case. This bulletin discusses the latest developments.
The above case created a rule (it did not change legislation) that says 20 days of holiday pay per year should include non-guaranteed overtime payments. Importantly for employers, the Claimant was denied the opportunity to make a claim for past holiday pay, although leave to appeal was granted on this point.
Following this case there has been considerable analysis of what payments should be included in the calculation of holiday pay. The Bear case mainly considered overtime and the various contractual arrangements to work [overtime]. Overtime can be summarised as originating

Whistleblowing – research update

Changes to the law on Whistleblowers that were introduced in June 2013 should have led to employers reviewing and updating their policies in line with the legislation changes. However recent international research by Freshfields Bruckhaus Deringer has highlighted that in more than half of the Companies surveyed there was no whistleblowing policy or where there was, it had not been publicized. It would appear that the law is not enough to protect whistleblowers without a culture change in the workplace as three quarters of the HR professionals questioned felt that Senior Managers would either treat them less favourably or find ways to dismiss them if they were to “blow the