Equality

View Employment by content type:

Practice notes

Precedents

Q&As

News

Latest Employment News

Normal Minimum Pension Age Consultation—issues for pension scheme trustees to consider

The following Employment news provides comprehensive and up to date legal information on Normal Minimum Pension Age Consultation—issues for pension scheme trustees to consider

Welcome to the hotel quarantine—key considerations for employers

The following Employment news provides comprehensive and up to date legal information on Welcome to the hotel quarantine—key considerations for employers

Employment weekly highlights—25 February 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—25 February 2021

Company car fuel: revised advisory rates to take effect from 1 March 2021

The following Employment news provides comprehensive and up to date legal information on Company car fuel: revised advisory rates to take effect from 1 March 2021

Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Most recent Equality content

Practice notes

Obtaining information for equality claims

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

14th Jan

Practice notes

Evidence in disability discrimination claims

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

14th Jan

Practice notes

Public sector equality duty

The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (EqA 2010) comprises:•a general equality duty—the...

Produced in partnership with Zoe Bedford of Ellis Whittam 13th Jan

Practice notes

Specific public sector equality duties—Scotland

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Bruce Caldow of Harper Macleod LLP 13th Jan

Scottish Law

Practice notes

Equality and Human Rights Commission

Statutory frameworkThe Equality and Human Rights Commission (EHRC) is an independent non-departmental public body established under the Equality Act...

13th Jan

Practice notes

Judicial College Guidelines (JC Guidelines)

The Judicial College G

8th Jan

Q&As

If an employee claims discrimination on grounds that she has exercised the right to claim maternity leave, can she claim in respect of acts that occurred after the maternity leave period had ended, or does the definition of ‘protected period’ apply so as to rule this out?

The ‘protected period’ concept does not apply to claims of discrimination on grounds of having taken maternity leave (as opposed to discrimination on...

Produced in partnership with Stephen Ratcliffe of Baker McKenzie 8th Jan

Precedents

ET1 grounds of claim—equality of terms

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

15th Dec

Q&As

Does the Education (Modification of Enactments Relating to Employment) (England) Order 2003, SI 2003/1964, Art 6 apply in respect of claims under the Equality Act 2010?

The Education (Modification of Enactments Relating to Employment) (England) Order 2003, SI 2003/1964 (as it appears in Lexis®PSL and Lexis®Library) is...

7th Dec

Precedents

ET3 grounds for resisting claim—direct age discrimination

[Insert in para 6.1 of response form ET3:]1[It is denied that the Respondent unlawfully discriminated against the Claimant on the ground of his age in...

5th Dec

Precedents

Policy—harassment and bullying (short form)

1[Policy statement OR [Insert name of employer]'s policy]on bullying and harassment1.1[Insert name of employer] is committed to ensuring that all its...

5th Dec

COVID-19

Precedents

Policy—harassment and bullying

1[Policy statement OR [Insert name of employer]'s policy]on bullying and harassment1.1[Insert name of employer] is committed to ensuring that all its...

5th Dec

COVID-19

Precedents

ET1 grounds of claim — sexual orientation: direct or indirect discrimination, harassment, harassment of a sexual nature

[Insert in para 8.2 of form ET1:]1The Claimant has been employed by the Respondent since [insert date] as a sales executive. He is a gay man.2On or...

5th Dec

Precedents

ET3 grounds for resisting claim—discrimination because of marriage or civil partnership

[Insert in para 6.1 of response form ET3:]1Paragraph 1 of the Grounds of Claim is admitted.2It is admitted that the Respondent advertised a new role...

5th Dec

Precedents

ET1 grounds of claim — religion or belief: direct or indirect discrimination, harassment

[Insert in para 8.2 of claim form ET1:]1The Claimant has been employed by the Respondent as a poultry processor since [insert date]. She is a...

5th Dec

Precedents

ET1 grounds of claim—discrimination because of maternity leave

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [insert details of role] from [insert date].2On [insert...

5th Dec

Precedents

ET3 grounds for resisting claim — failure to make reasonable adjustments

[Insert in para 6.1 of response form ET3:]1It is admitted that the Claimant has been employed by the Respondent since [insert date] as a [sales...

5th Dec

Precedents

ET3 grounds for resisting unfair dismissal claim—right to return from maternity leave

[Insert in para 6.1 of response form ET3:]1Paragraphs 1 to 4 of the Grounds of Claim are admitted.2[It is admitted that the Claimant returned to work...

5th Dec

Precedents

ET3 grounds for resisting claim — equality of terms

[Insert in para 6.1 of response form ET3:]1Paragraph 1 of the Grounds of Claim is admitted.2[It is denied that the Claimant is employed on like work...

5th Dec

Precedents