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Equalities: where are we now?

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  1. Equalities: where are we now? Anna Denton-Jones June 18th 2014

  2. Protected Characteristics • Age s5 • Disability s6 • Gender reassignment s7 • Marriage and civil partnership s8 • Pregnancy and maternity s18 • Race inc colour, nationality, ethnic or national origin s9 • Religion or belief s10 • Sex s11 • Sexual Orientation s12 navigating employment law

  3. CLAIM Unfair Dismissal Race Discrimination Sex Discrimination Disability Discrimination Religious Discrimination Sexual Orientation Discrimination Age Discrimination AMOUNT £10,125 £8,945 £10,552 £16,320 £6,137 £10,757 £8,079 Average Employment Tribunal Awards 2012 - 2013 navigating employment law

  4. s60 enquiries about disability and health • Restrict circumstances in which potential employees can be asked questions about disability or health – must not ask until the person has been offered job • Can ask • to find out if applicant can participate in test • to make RA to recruitment process • to find out if applicant would be able to undertake intrinsic function of job, with RA in place as required • to monitor diversity • to support positive action • where GOR for person to be disabled navigating employment law

  5. 1 in 5 working age people have a disability • All too easy to say ‘you can’t do X any more/the job because of Health & Safety’ navigating employment law

  6. Case Study 1 An applicant with epilepsy applies for job with a civil engineering firm. Can the employer reject the applicant simply because he has epilepsy and will be required to work at heights? navigating employment law

  7. Unlawful to automatically exclude a disabled person, or a group of disabled people from a particular job because of their impairment. This is termed direct discrimination and cannot be justified in law. • However, it can be justifiable to reject an individual applicant on health grounds, but only after a proper assessment of the risks associated with their particular impairment. navigating employment law

  8. Case Study 2 • Employee in food processing job develops a motor nerve condition. • Employer is concerned that employee is a risk to herself and others but does not know how to proceed. navigating employment law

  9. Have the general risks to all employees been assessed and either prevented or adequately controlled? • Does her condition create an increased risk to her health and safety or the health and safety of others? • If it does, can these risks be prevented or adequately controlled through normal health and safety management? • If not, what reasonable adjustments could be put in place to prevent or adequately control the residual risks? navigating employment law

  10. Change your perspective From: “How can we manage this person out?” or “ We don’t want to take them on”. To: “How can we make this work?” “What can we do to retain them?” navigating employment law

  11. Contact us: adenton@refreshinglawltd.co.uk Phone 029 2059 9993 or 07977 545480 www.refreshinglawltd.co.uk