discrimination Archives - Goldenleaver
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The baring of teeth in popular culture (for Halloween, the dental work in Real Wives of Orange County and by media vampires) has recently been reflected in commercial and judicial culture too. How?  By an Employment Tribunal ordering a transferor to pay £65,500 to a transferee as compensation for the transferor having failed to provide Employee Liability Information. Is it significant?  Yes, because providing Employee Liability Information at least 28 (previously 14) days before a TUPE transfer takes place has long been regarded by...

If I'd been given £1 each time a client had asked me "what are my chances?" in bringing or defending a claim or in adopting a particular strategy, I wouldn't be writing this now; I would be rich enough to have retired.  But I wasn't and I haven't. The reason is that most lawyers are programmed not to take chances and not to speculate, other than on the most unusual occasions (and then with a disclaimer, or even an indemnity). Imagine my...

The proposition (in the eponymously titled book) that "fat is a feminist issue" apparently caused much debate, initially in the late 1970s and early 1980s, when its author, Susie Orbach, suggested (among other things) that women were fat (and what follows is a simplistic paraphrasing of her work) because of an unconscious desire to be fat in order to protect themselves against the oppression of being expected to be as thin as the supermodels of the day and to conform...

  Employers, be careful. Do you treat your retiring employees as good leavers? If so, do you allow them to retain valuable accrued benefits linked to incentive schemes? If your answer is "yes" to both questions, you may be guilty of unlawful age discrimination against younger employees who choose to leave for reasons other than retirement. You might also need to widen your definition of who is a good leaver as a result. Why is there a problem? Employers often divide employees into two...

  Many UK employers have developed policies that cover surrogate parenthood, on the basis that it is equitable to treat parents of babies in the same way, regardless of how they have become parents. But the law at the moment (both in Europe and in the UK) lags behind what happens in practice; it doesn't reflect current social trends; and it leaves many surrogate parents technically disadvantaged. Inevitably the law will catch up (and may overtake) society (as it has done in the...

It is unusual for a case by an Employment Tribunal to be reported, since published decisions tend to be by the higher courts.  However Tirkey v Chandok and another has been widely reported as pre-empting a proposed change to legislation that is not expected to be made until after public consultation is completed in 2015. The reason for reporting this particular decision was that the Tribunal decided to include “caste” in the definition of race in the Equality Act 2010 (the...