Employment events which give rise to prohibited conduct claims
Employment events which give rise to prohibited conduct claims

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Employment events which give rise to prohibited conduct claims
  • Before, during and after employment
  • The meaning of 'employment'
  • The meaning of 'discriminate'
  • Availability of occupational requirements defence to employers
  • Advertisements for jobs
  • Recruitment
  • Pre-employment enquiries about disability and health
  • During employment
  • Discussions about pay
  • more

STOP PRESS: The extension of protections in Part 5 of the Equality Act 2010 to volunteers and ways to ensure that all interns are captured by those workplace protections is among a number of proposals relating to sexual harassment in the workplace put forward by the Government Equalities Office in a consultation. For further information, see: LNB News 12/07/2019 62.

Before, during and after employment

Many different types of event may give rise to a claim before, during and after the employment relationship.

The meaning of 'employment'

The Equality Act 2010 (EqA 2010) recognises a wider set of circumstances as employment than, for example, unfair dismissal legislation.

'Employment' in this context covers:

  1. employment under a contract of employment, a contract of apprenticeship, or any other contract personally to do work

  2. Crown employment (ie employment under or for the purposes of a government department or any officer or body exercising, on behalf of the Crown, functions conferred by statutory provision, as defined in the Employment Rights Act 1996 (ERA 1996))

  3. employment as a relevant member (as defined in the ERA 1996) of the House of Commons staff

  4. employment as a relevant member (as defined in the ERA 1996) of the House of Lords staff

In determining whether a person is covered