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Work-life balance remains an important issue for employees, particularly carers, and this is reflected in the TUC's
equality audit 2009, which reveals that unions had most success in negotiating deals for working parents and carers.
The Government Equalities Office annual report also highlights the needs of carers and plans a campaign to raise
awareness of the right to request flexible working. In this issue, as well as the above reports, we have case studies on
three organisations that have successfully used flexible working to their benefit. ...(more)
As an avid sports fan, I have been enthralled by two stories in recent days: one uplifting, the other dispiriting.
Kudos to the Equality and Human Rights Commission for getting out its first consultation on pay transparency
comparatively quickly. Whatever mechanism is adopted for reporting on the gender pay gap, it will be voluntary, at
least for the first four years, so cooperation with the business community is clearly a priority. ...(more)
I recently returned from the United States, where for 10 days I read the New York Times, the newspaper of my youth.
Racy it may not be, but the New York Times draws a sharp distinction between fact and opnion.
Hertfordshire County Council is convinced that flexible working allows employees to best meet their own needs and
those of the organisation, and is therefore available to all employees regardless of their circumstances. Kate Godwin
examines the council's comprehensive approach to work-life balance.
For small firms Loop Customer Management Ltd and Eden McCallum Ltd, work-life balance is not just an HR initiative
but a crucial business strategy. Carol Foster looks at how their flexible working policies have benefited both the
organisations and their employees.
The consultation issued by the Equality and Human Rights Commission on the information that private sector
employers will be asked to provide in order to report on their gender pay gap suggests a range of possible options: the
overall average pay gap between male and female employees; the gap by reference to grade; by reference to job
description; or a combination of these factors. ...(more)
The EAT has ruled that male workers employed on comparable work to that of women who have brought equal pay
claims can bring contingent claims comparing themselves to the women. Hartlepool Borough Council v Llewellyn (24
Jun 2009, EAT)
The High Court has dismissed a local authority's claim of nearly £1 million in damages from its former managing
director for making negligent or fraudulent misrepresentations in her medical questionnaire by failing to disclose that
she had a history of mental illness. Cheltenham Borough Council v Laird (15 Jun 2009, HC)
It was open to a court hearing an employee's claim that he was entitled to an early retirement pension on grounds that
he had become permanently incapable to hold that a previous finding by an employment tribunal that the employee
was not disabled within the meaning of the Disability Discrimination Act acted as an issue estoppel making it
impossible for the claimant to satisfy the burden of proving that he was permanently disabled. So holds the Court of
Appeal in Booth v Oldham Metropolitan Borough Council (18 Aug 2009).
The Fair Employment and Treatment (Northern Ireland) Order 1998 prohibits "discrimination on the ground of religious
belief or political opinion". The facts of McConkey v The Simon Community (20 May 2009) specifically concern political
opinion, which, of course, is not protected by the comparable British legislation, but there is guidance from the House
of Lords that also extends to discrimination on grounds of religion or belief.
An employment tribunal holds that a requirement for part-time employees to work two weekend days every four weeks
did not amount to indirect discrimination, as the claimants could not show that weekend working put women at a
particular disadvantage. Carr and McManus v The Chief Constable of Lincolnshire Police Force (4 Aug 2009,
ET/20600564/08, ET/20600565/08)
An employment tribunal in this case finds that the employer's refusal to allow the claimant to work from home,
although it put women at a particular disadvantage, was a proportionate meansof achieving a legitimate aim.
McKinnon v Automated Control Services Ltd (28 Jul 2009, ET/3104607/08)
A claimant resigns, apparently in the belief that she was being asked to work fixed hours, but an employment tribunal
finds that the employer had not prevented the employee from working flexibly, and had only requested that she inform
her employer when she was working, in accordance with the employer's lone workers policy. Chappell v (1)
Betteklean Ltd (2) Wallis (30 Jul 2009, ET/1200364/09)
An employment tribunal rejects claims of direct and indirect sex discrimination where the respondent reduces the
number of part-time posts, leaving the claimant with no job. The tribunal, in relation to indirect discrimination, states
that it had not been presented with any statistical evidence that the requirement to work full time would be a particular
disadvantage to women in these circumstances. Atkins v Poundworld Retail Ltd (22 Jun 2009, ET/2500816/09)
As a result of the respondent's vigorous enforcement of its "look" policy, an employee with a prosthetic arm was
discriminated against in that there was harassment of her by one manager and, in effect, the removal of a reasonable
adjustment when that manager told the employee to leave the shopfloor for breach of the look policy because she was
wearing a long-sleeved cardigan, even though the employee had been given permission to wear the garment. The
tribunal criticised the respondent's lack of awareness of diversity issues, in particular in dealing with disability. Dean v
Abercrombie & Fitch (11 Aug 2009, ET/2203221/08)
An employment tribunal, using a visual test, concludes that the claimant was not disabled as the employment judge
could not see any "severe disfigurement". Griffiths v Lancashire County Council (17 Apr 2009, ET/2408001/08)
An employer's perception of an employee's abilities to carry out day-to-day activities were found to be wrong by an
employment tribunal. It concluded that although the claimant, who wore an ileostomy bag, had adjusted her lifestyle to
minimise the impact, the consequences of the claimant's condition had a substantial impact on her daily life. O'Brien v
Nottingham Building Society (26 May 2009, ET/2603452/08)
An employee with mental ill health was found to be disabled within the meaning of the DDA, even though she was
able to attend grievance meetings and put together detailed documentation to support her case. Cullum v Mid
Staffordshire General Hospitals NHS Trust (19 May 2009, ET/1301521/08 and ET/1306739/08)
The Government has announced new proposals that will give families greater flexibility in how they use maternity and
paternity leave.
Thousands of people with mental health problems will get extra support managing their condition to remain in the
workplace, Jim Knight, Minister of State for Employment and Welfare Reform, has announced.
The aspect of equality on which most trade unions report success in negotiations is for deals covering working parents
and carers, according to the TUC 2009 Equality Audit.
Firms with weak governance would benefit from having more women on the board, concludes new research from the
London School of Economics and Political Science (LSE).
Narrowing the gender pay gap is a key priority in the coming year for the Government Equalities Office (GEO), the
policy department responsible for the Government's overall strategy and priorities on equality issues, according to its
latest annual report.
Some 34% of respondents to a new survey from the Department for Business, Innovation and Skills say they have
had a problem at work. In the past two years these problems mainly involved employment rights (24%), unfair
treatment (13%), discrimination (7%) and bullying and harassment (7%).
The Equality and Human Rights Commission has published detailed guidance to help public authorities complete their
first three-year review of their disability equality scheme (DES). It covers topics such as what the three-yearly revision
involves and what needs to be included.
More than half of parents (58%) find it difficult to meet up-front childcare costs, reveals a new survey from the Daycare
Trust.
The majority of employers are not ready to make the adjustments needed to address hearing loss among older
employees, reveals a new report from the charity RNID. According to the charity, hearing loss affects 55% of people
over 60.
Negative attitudes towards mental illness
Topic(s): Disability: mental health
More than half (56%) of survey respondents would not employ someone because of their mental illness, even if they
considered the person to be the best candidate for the job, finds a new study from "Time for Change", the mental
health campaign run by charities Mind and Rethink.
Recently published
Topic(s): Disability: mental health
Acas has published its latest policy discussion paper, From stress to distress: the impact of the economic recession
on mental health at work.