The following Employment guidance note provides comprehensive and up to date legal information covering:
Except where stated, defences and exceptions outlined below apply in relation to all protected characteristics.
This Practice Note also covers certain exceptions that are restricted to one or two specific types of discrimination: where this is the case, that restriction is made clear.
References to 'prohibited conduct claims' in this Practice Note refer to claims made in the employment tribunal relating to one or more protected characteristics which complain of any of the following forms of conduct prohibited under EqA 2010:
Discrimination arising from disability
gender reassignment discrimination: cases of absence from work
pregnancy and maternity discrimination
failure to make reasonable adjustments
Employment tribunals still have jurisdiction to hear a prohibited conduct claim even though the claimant's employment contract is tainted by illegality unless the very nature of the claim arises out of or is so clearly connected or inextricably bound up or linked with the claimant's illegal conduct that the tribunal would appear to condone that conduct by awarding him compensation. Various factors need to be considered, such as:
the circumstances surrounding the claim and the illegal conduct
the nature and seriousness of the illegal conduct
the extent of the claimant's involvement in the illegal conduct
the character of the claimant's claim
Employees are usually allowed to proceed
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