Employment and Personal Injury Law

Size: px
Start display at page:

Download "Employment and Personal Injury Law"

Transcription

1 What is the difference between Harassment, Bullying and Discrimination? The terms harassment, bullying and discrimination are used interchangeably but actually have very different legal meanings and remedies. To further compound matters, many Employment lawyers do not fully appreciate the civil aspect of claims for harassment and will often advise client based on remedies only available in the Employment Tribunal and fail to consider the alternative, and sometimes stronger, claim under the Protection from Harassment Act The purpose of this guide is to offer some guidance on the complex legal issues arising but it is important that each case is assessed individually based on the circumstances of each matter. The firm of Solicitors advising should have expertise in both Employment Law and Civil claims. There are three distinct possible claims which may arise: 1. Discrimination or Harassment under the Equality Act Harassment under the Protection from Harassment Act Bullying and Harassment in common law. All of the above claims can include to some degree any of the following: Sexual harassment, including inappropriate comments and touching; Verbal abuse and name calling; Treatment calculated to or likely to ostracise or humiliate an individual; Aggressive behaviour; Mean or spiteful behaviour; Assaults Racial comments Page 1 of 6

2 Claims under the Equality Act 2010 In order to pursue a claim under the Equality Act 2010 you must establish that an Employer has treated an employee less favourably because of a protected characteristic. The protected characteristics are: Age Race Disability Religion or belief Gender reassignment Sex Marriage of civil partnership Sexual Orientation Pregnancy and maternity The remit of the Act is very wide but there are a number of matters which need to be proven in order for a claim to succeed in the employment tribunal. In order to establish a claim for discrimination a Claimant must prove: 1. That they possessed one of the protected characteristics above, or the employer believed they to possess of these protected characteristics; 2. That the Claimant was treated less favourably because of the protected characteristic. 3. That the Claim is brought within 3 months of the last act of discrimination The common issues we find with these claims is that: A) Many Claimants may struggle to prove that the reason they have been treated less favourably is because of a protected characteristic. General bullying or harassment in the workplace would not be discriminatory unless the reason for the treatment was due to a protected characteristic. B) Many claims often find they are out of time. Another issue is that legal fees are not normally recoverable in the Employment Tribunal and therefore in some cases it may not be economically viable to pursue the claim in the Employment Tribunal. Page 2 of 6

3 Claims under the Protection from Harassment Act Claims under the Protection from Harassment Act 1997 are civil claims which can only be pursued in the Civil Courts. Unlike discrimination the motive behind the treatment is irrelevant however it is necessary to prove that the treatment was oppressive and unacceptable. The threshold to prove harassment under the Act is very high and the Courts have referred to the conduct being sufficiently serious to sustain criminal liability. One of the main advantages of the Act is the limitation period to pursue a claim is 6 years which is much longer than claims for discrimination. Furthermore legal costs are recoverable for claims under the Protection from Harassment Act Claims for Bullying and Harassment in Common Law Where conduct is not sufficiently serious to amount to harassment under the Protection from Harassment Act 1997, a claim may still be brought in negligence (common law) for bullying and harassment where the Defendant have failed to in their Duty of Care to protect employees from bullying and harassment. What are the key differences between a Civil Claim and a Tribunal Claim? There are a number of key differences between the legal principles which apply in the civil court compared to the Tribunal and we have listed below some of the key factors below: - Ordinarily a successful Claimant in a Civil Claim, can recover the majority of their legal fees from a Defendant. However in the Employment Tribunal it is extremely unlikely that you would recover any legal costs and you would therefore always have to pay your own legal fees in the Tribunal, even if you were successful. - The limitation period in the Tribunal is much shorter than the limitation period for a civil claim. Generally, you have three years from your date of knowledge to pursue a civil claim for personal injuries (or 6 years under the Protection from Harassment Act 1997) whereas the limitation period in the Tribunal is ordinarily 3 months. The Tribunal will not (save in exceptional circumstances) consider issues or problems which Page 3 of 6

4 have occurred more than 3 months prior to commencement of the Tribunal proceedings unless such acts form part of a continuous act. - There is generally no liability in the Employment Tribunal for bullying or harassment unless such acts are as a result of a protected characteristic. The common protected characteristics are Sex, Race, Disability, Religion and Age. In the civil courts there are accepted principles on which liability can be established for bullying and harassment. - There is generally no liability in the Employment Tribunal for losses or injuries incurred as a result of an excessive workload. - The Employment Tribunal cannot generally award damages for personal injuries unless such injury arises as a result of discrimination. Can you pursue both a civil claim and a tribunal claim separately? This is a very difficult legal question to answer. In some circumstances you can pursue claims in both the Tribunal and Civil Courts concurrently. However in certain situations you may only pursue either a Tribunal Claim or a Civil Claim as the Defendant may allege an abuse of process. We can advise you on a case by case basis as to whether it is possible to pursue separate proceedings in the Tribunal. As a very general rule, it is ordinarily possible to pursue an independent claim in the tribunal if the tribunal claim is solely for unfair dismissal or constructive dismissal. However if the Tribunal claim includes a claim for discrimination under the Equality Act 2010 arising out of the same circumstances as the civil claim then it may not be possible to pursue both a claim in the civil courts and tribunal. There are advantages and disadvantages to each type of claim and it is important that you seek our expert advice before embarking on proceedings so that we may advise you regarding your options. Page 4 of 6

5 Feel free to contact us if you have any concerns about your Employment situation Michael Lewin Solicitors are a leading UK law firm dealing with all aspects of business and personal legal services. This factsheet is intended for general guidance only and should not be treated as a definitive guide to the law it is not legal advice. If legal advice is required then please call us on Page 5 of 6

6 datasheet emp001.1 Page 6 of 6

GUIDANCE NOTE. Discrimination Law. March 2013

GUIDANCE NOTE. Discrimination Law. March 2013 GUIDANCE NOTE Discrimination Law March 2013 Equality Act 2010 In October 2010 the separate threads of UK Discrimination Law were consolidated in the Equality Act 2010 (except for equal pay which is still

More information

There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee.

There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee. Dismissal Procedures There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee. An employee s employment can be

More information

STRESS AT WORK. Summary of the law on

STRESS AT WORK. Summary of the law on Summary of the law on STRESS AT WORK Stress means different things to different people, but in general terms it s a reaction to excessive pressure or harassment at work. This booklet is solely concerned

More information

AGE DISCRIMINATION. Summary of the law on

AGE DISCRIMINATION. Summary of the law on Summary of the law on AGE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply in

More information

SEXUAL ORIENTATION. Summary of the law on

SEXUAL ORIENTATION. Summary of the law on Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality

More information

RACE DISCRIMINATION. Summary of the law on

RACE DISCRIMINATION. Summary of the law on Summary of the law on RACE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the race discrimination provisions of the Equality Act 2010. These apply

More information

Bullying, Harassment, Occupational Stress Three separate areas relevant to bullying under the law at work

Bullying, Harassment, Occupational Stress Three separate areas relevant to bullying under the law at work Simon Dewsbury [Thompsons] Presentation slides Bullying, Harassment, Occupational Stress Employment Tribunal Claims Employment Tribunal Claims Common Law negligence claims Employment Tribunal Claims Common

More information

Employment law solicitors

Employment law solicitors Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever

More information

Types of discrimination: definitions and examples

Types of discrimination: definitions and examples Types of discrimination: definitions and examples Introduction When raising a behaviour related grievance, either informally or formally, employees may use terms such as discrimination or harassment. It

More information

BULLYING AT WORK. The Germans call it psychoterror. In the UK we know it as bullying. Over recent

BULLYING AT WORK. The Germans call it psychoterror. In the UK we know it as bullying. Over recent BULLYING AT WORK What is bullying? The Germans call it psychoterror. In the UK we know it as bullying. Over recent years, reports and accounts of work place bullying have become common place in the media

More information

Employment Law Guide

Employment Law Guide Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal

More information

Employment Law. We re on your side. Petherbridge Bassra. Your Local Solicitors

Employment Law. We re on your side. Petherbridge Bassra. Your Local Solicitors Employment Law We re on your side is a Bradford firm helping clients with cases close to home, nationally and internationally. These pages will tell you what we do and how we do it and naturally we will

More information

DISABILITY. Summary of the law on

DISABILITY. Summary of the law on Summary of the law on DISABILITY DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply

More information

Equal opportunities and dignity at work policy

Equal opportunities and dignity at work policy Equal opportunities and dignity at work policy Aims In line with the Equality Act 2010 1, this policy aims to ensure everyone has the right to be treated fairly at work or when using our services. The

More information

Employment Law Glossary of key terms and abbreviations

Employment Law Glossary of key terms and abbreviations Employment Law Glossary of key terms and abbreviations ACAS ACAS stands for the Advisory, Conciliation and Arbitration Service a UK government funded independent body offering conciliation services to

More information

Equality, Diversity and Inclusion Policy

Equality, Diversity and Inclusion Policy 1 Equality, Diversity and Inclusion Policy Owned By: Senior Management Issue Date: July 2015 This policy will be reviewed in six months 1 2 Equality, Diversity and Inclusion Policy Introduction ProCo NW

More information

Liverpool Hope University. Equality and Diversity Policy. Date approved: 14.04.2011 Revised (statutory. 18.02.2012 changes)

Liverpool Hope University. Equality and Diversity Policy. Date approved: 14.04.2011 Revised (statutory. 18.02.2012 changes) Liverpool Hope University Equality and Diversity Policy Approved by: University Council Date approved: 14.04.2011 Revised (statutory 18.02.2012 changes) Consistent with its Mission, Liverpool Hope strives

More information

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working

Code of practice for employers Avoiding unlawful discrimination while preventing illegal working Code of practice for employers Avoiding unlawful discrimination while preventing illegal working [xx] April 2014 Presented to Parliament pursuant to section 23(1) of the Immigration, Asylum and Nationality

More information

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES DIRECTORS ADVISORY SERVICE FACTSHEET These Guidance Notes provide an outline of the relevant provisions, but they are not

More information

(g) the Employment Equality (Sexual Orientation) Regulations 2003,

(g) the Employment Equality (Sexual Orientation) Regulations 2003, Linked Law Solicitors Equality and Diversity Policy (based on the Law Society s model policy issued under Rules 3 and 4 of the Solicitors Anti- Discrimination Rules 2004 and amended in the light of the

More information

BELMORES Criminal Defence & Road Traffic Solicitors EQUALITY AND DIVERSITY POLICY

BELMORES Criminal Defence & Road Traffic Solicitors EQUALITY AND DIVERSITY POLICY BELMORES Criminal Defence & Road Traffic Solicitors EQUALITY AND DIVERSITY POLICY As signatories to the Law Society s Diversity & Inclusion Charter Belmores is fully committed to the Charter and each of

More information

Policy 8.6 Epilepsy Action Online Academy Equity and Diversity Policy

Policy 8.6 Epilepsy Action Online Academy Equity and Diversity Policy Policy 8.6 Epilepsy Action Online Academy Equity and Diversity Policy This policy includes: Equal Opportunity Anti-racism and religious tolerance Sexual harassment Introduction Epilepsy Action Online Academy

More information

Proposals for Reform of Civil Litigation Funding and Costs in England and Wales

Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Consultation Paper Response of JUSTICE February 2011 Q 1 Do you agree that CFA success fees should no longer be recoverable

More information

Unfair Dismissals. Questions & Answers

Unfair Dismissals. Questions & Answers Unfair Dismissals Questions & Answers What is unfair dismissal? Unfair dismissal is where an employee claims that his or her employer s decision to terminate their employment was unfair. Unfair reasons

More information

Summary of the Equality Act 2010

Summary of the Equality Act 2010 Equality Act 2010 1 Summary of the Equality Act 2010 The full Equality Act 2010 can be accessed through this link: Equality Act 2010. Introduction and Protected Characteristics The purpose of the Equality

More information

Equality Act 2010: Know Your Rights!

Equality Act 2010: Know Your Rights! Equality Act 2010: Know Your Rights! The Equality Act 2010 provides a new cross-cutting legislative framework to protect the rights of individuals and advance equality of opportunity for all; to update,

More information

Equality and Diversity Policy. Deputy Director of HR Version Number: V.2.00 Date: 27/01/11

Equality and Diversity Policy. Deputy Director of HR Version Number: V.2.00 Date: 27/01/11 Equality and Diversity Policy Author: Deputy Director of HR Version Number: V.2.00 Date: 27/01/11 Approval and Authorisation Completion of the following signature blocks signifies the review and approval

More information

Contents. Preface to Second Edition List of Abbreviations Table of Cases Table of Legislation

Contents. Preface to Second Edition List of Abbreviations Table of Cases Table of Legislation Contents Preface to Second Edition List of Abbreviations Table of Cases Table of Legislation v vii xv xxi 1 The Aims of Equality Law 1 The Equality Act 2010 1 The Act since 2010 6 A History of Bits and

More information

EQUALITY AND DIVERSITY POLICY AND PROCEDURE

EQUALITY AND DIVERSITY POLICY AND PROCEDURE EQUALITY AND DIVERSITY POLICY AND PROCEDURE TABLE OF CONTENTS PAGE NUMBER : Corporate Statement 2 Forms of Discriminations 2 Harassment and Bullying 3 Policy Objectives 3 Policy Implementation 4 Commitment

More information

Employment Law Guide for Employees

Employment Law Guide for Employees Agency Workers The Agency Workers Regulations 2010 S12010/93 came into effect on 01 October 2010. The regulations introduce a number of rights for temporary agency workers in the UK relating to their basic

More information

EQUALITY AND DIVERSITY POLICY & PROCEDURE MICHAEL W HALSALL (SOLICITORS)

EQUALITY AND DIVERSITY POLICY & PROCEDURE MICHAEL W HALSALL (SOLICITORS) EQUALITY AND DIVERSITY POLICY & PROCEDURE MICHAEL W HALSALL (SOLICITORS) JANUARY 2010 Michael W Halsall Anti-Discrimination Policy Introduction Michael W. Halsall Solicitors serves a diverse client base.

More information

A summary of the law on: Unfair Dismissal and Redundancy

A summary of the law on: Unfair Dismissal and Redundancy A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.

More information

ACCIDENTS AT WORK. Summary of the law on

ACCIDENTS AT WORK. Summary of the law on Summary of the law on ACCIDENTS AT WORK The law says that employers are responsible for the safety of their workers at work. Workers have an obligation to look after themselves as well, but employers have

More information

Wood Group Policy. March 2013. Equal opportunities. Energy Supporting Energy

Wood Group Policy. March 2013. Equal opportunities. Energy Supporting Energy Wood Group Policy March 2013 Equal opportunities Energy Supporting Energy Contents 1.0 Purpose 2 2.0 Scope 3 3.0 Responsibilities 3 4.0 Definitions 3 5.0 Discrimination 4 6.0 Breaches of the policy 4 7.0

More information

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction This Equality Impact Assessment (EIA) relates to amendments to the Legal Aid, Sentencing

More information

THE EQUALITY ACT 2010

THE EQUALITY ACT 2010 THE EQUALITY ACT 2010 October 1st 2010 saw many of the provisions attained within the Equality Act, which gained Royal Assent on the 8th April 2010, come into force. The following summary has been put

More information

Protecting your NHS Trust against litigation. Professor Diana Kloss barrister

Protecting your NHS Trust against litigation. Professor Diana Kloss barrister Protecting your NHS Trust against litigation Professor Diana Kloss barrister Do your job! Occupational health professionals have a duty to take reasonable care and to act as competent professionals This

More information

Document Name Disciplinary Policy Accountable Body RADIUS Trust Reference HR.P2 Date Ratified 13 th August 2015 Version 1.5 Last Update August 2015

Document Name Disciplinary Policy Accountable Body RADIUS Trust Reference HR.P2 Date Ratified 13 th August 2015 Version 1.5 Last Update August 2015 Category Human Resources Document Name Disciplinary Policy Accountable Body RADIUS Trust Reference HR.P2 Date Ratified 13 th August 2015 Version 1.5 Last Update August 2015 Related Documents Name Support

More information

GUIDE TO EMPLOYMENT LAW IN GUERNSEY

GUIDE TO EMPLOYMENT LAW IN GUERNSEY GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum

More information

Stress at work. A factsheet for UNISON members

Stress at work. A factsheet for UNISON members Stress at work A factsheet for UNISON members Stress at work Introduction Stress at work is a major problem in the workplace. It causes long-term incapacity to thousands of workers; millions of working

More information

LEGAL UPDATE ON BULLYING, HARASSMENT AND STRESS IN THE WORKPLACE

LEGAL UPDATE ON BULLYING, HARASSMENT AND STRESS IN THE WORKPLACE LEGAL UPDATE ON BULLYING, HARASSMENT AND STRESS IN THE WORKPLACE 26 th January 2011 Maura Connolly Head of Employment and Employee Benefits Group Eugene F. Collins, Solicitors Introduction SESSION 1: 10am

More information

South Downs National Park Authority

South Downs National Park Authority Agenda item 8 Report RPC 09/13 Appendix 1 South Downs National Park Authority Equality & Diversity Policy Version 0.04 Review Date March 2016 Responsibility Human Resources Last updated 20 March 2013 Date

More information

Summary of the law on ACCIDENTS AT WORK

Summary of the law on ACCIDENTS AT WORK Summary of the law on ACCIDENTS AT WORK The law says that employers are responsible for the safety of their workers while they are at work. Workers have an obligation to look after themselves as well,

More information

Who can benefit from charities?

Who can benefit from charities? 1 of 8 A summary of how to avoid discrimination under the Equality Act 2010 when defining who can benefit from a charity A. About the Equality Act and the charities exemption A1. Introduction All charities

More information

Appendix 1 EQUALITY IMPACT: SCREENING AND ASSESSMENT FORM

Appendix 1 EQUALITY IMPACT: SCREENING AND ASSESSMENT FORM Appendix 1 EQUALITY IMPACT: SCREENING AND ASSESSMENT FORM This form is to be used in conjunction with the Equality Impact Assessment Guidelines. Please refer to these before starting; if you require further

More information

Increasing the Magistrates Court fine limit Equality Impact Assessment

Increasing the Magistrates Court fine limit Equality Impact Assessment Increasing the Magistrates Court fine limit Equality Impact Assessment Introduction The Ministry of Justice tabled Government amendments at the Commons Report stage of the Legal Aid, Sentencing and Punishment

More information

Section 26 of the Act unifies existing legislation and clarifies harassment. Section 26 defines harassment, which now includes three specific types:

Section 26 of the Act unifies existing legislation and clarifies harassment. Section 26 defines harassment, which now includes three specific types: HARASSMENT 1 Section 26 of the Act unifies existing legislation and clarifies harassment. Section 26 defines harassment, which now includes three specific types: (1) Harassment which involves unwanted

More information

Discrimination and mental health

Discrimination and mental health Discrimination and mental health Equality Act 2010 This factsheet may be useful if you feel that you have been treated unfairly (discriminated against) because of your mental illness. This factsheet explains

More information

Diversity and Equality Policy

Diversity and Equality Policy Diversity and Equality Policy For the attention of: All Staff Produced by: Director, Human Resources Approved by: SMT Date of publication: September 2013 Date of review: August 2015 Our Mission To provide

More information

Diversity and Equal Opportunities Policy - UK

Diversity and Equal Opportunities Policy - UK 1.0 Purpose The purpose of the Diversity and Equal Opportunities Policy is to encourage an atmosphere where all staff embrace the benefits of working in a diverse community and to provide a framework for

More information

The Equality Act 2010 a summary guide

The Equality Act 2010 a summary guide Factsheet Your rights The Equality Act 2010 a summary guide You ll find this factsheet useful if you want an outline of how the Equality Act 2010 protects people who are deaf or have a hearing loss from

More information

Equality Act what is new from 1 October 2010

Equality Act what is new from 1 October 2010 Equality Act what is new from 1 October 2010 The Equality Act 2010 came into force on 1 October. About 90% of the Act is being implemented and these are the main changes. This briefing highlights where

More information

Wotton-under-Edge Town Council

Wotton-under-Edge Town Council Wotton-under-Edge Town Council Disciplinary Procedure Adopted March 2015 1. PROCEDURE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct

More information

Bullying and Harassment CIPD London Branch. Joanne Owers and Aron Pope 17 April 2013

Bullying and Harassment CIPD London Branch. Joanne Owers and Aron Pope 17 April 2013 Bullying and Harassment CIPD London Branch Joanne Owers and Aron Pope 17 April 2013 Who are Fox Williams? Full service business law firm Well recognised Employment Department which specialises in employment

More information

Elite. Employment practices liability insurance

Elite. Employment practices liability insurance Elite Employment practices liability insurance The last few years have been extraordinarily active in shaping workplace law and this looks set to continue with employee rights strengthening. In addition,

More information

Equality and Diversity Policy

Equality and Diversity Policy Equality and Diversity Policy Agreed: November 2014 To be reviewed: November 2015 1 Contents Page 1. Scope and Purpose 3 1.1 Policy Statement 3 1.2 Principles 3 2. Accountability 4 3. Monitoring 7 4. Stakeholders

More information

Policy on Dignity and Respect (Students)

Policy on Dignity and Respect (Students) Policy on Dignity and Respect (Students) Scope and Purpose of the Policy This policy relates to all students of DMU. Every student is personally liable under the Equality Act and is expected to treat staff

More information

Employment Law Update - Heptonstalls Solicitors October 2015 Issue 178. Shaun Pinchbeck LL.B shaun.pinchbeck@heptonstalls.co.uk Tel: 01405 765661

Employment Law Update - Heptonstalls Solicitors October 2015 Issue 178. Shaun Pinchbeck LL.B shaun.pinchbeck@heptonstalls.co.uk Tel: 01405 765661 Welcome to the latest edition of our Employment Law update. If you have any questions arising from these articles or any other queries, please do not hesitate to contact Shaun Pinchbeck, Head of Employment

More information

EQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL

EQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL EQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL 1.1 Juice Resource Solutions Limited embraces diversity and will seek to promote the benefits of diversity in all of our business activities. We will

More information

C.M. Haughey Solicitors Compensation Guide

C.M. Haughey Solicitors Compensation Guide C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located

More information

Amendments to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Equality Impact Assessment

Amendments to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Equality Impact Assessment Amendments to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Equality Impact Assessment Introduction This Equality Impact Assessment (EIA) relates to amendments to the Legal Aid, Sentencing

More information

Non-Discrimination and Anti-Harassment Policy OP 03.03

Non-Discrimination and Anti-Harassment Policy OP 03.03 Non-Discrimination and Anti-Harassment Policy OP 03.03 Policy Mississippi State University is committed to assuring that the University and its programs are free from discrimination and harassment based

More information

DISCIPLINARY AND GRIEVANCE ARRANGEMENTS. the disciplinary process: how councils can deal with concerns about employee

DISCIPLINARY AND GRIEVANCE ARRANGEMENTS. the disciplinary process: how councils can deal with concerns about employee Legal Topic Note LTN 22 January 2013 DISCIPLINARY AND GRIEVANCE ARRANGEMENTS 1. This LTN provides guidance on: the disciplinary process: how councils can deal with concerns about employee misconduct or

More information

Bullying and Harassment at Work Policy

Bullying and Harassment at Work Policy Bullying and Harassment at Work Policy i) Statement Everyone should be treated with dignity and respect at work, irrespective of their status or position within the organisation. Bullying and harassment

More information

Summary of the law on race discrimination. www.thompsonstradeunionlaw.co.uk

Summary of the law on race discrimination. www.thompsonstradeunionlaw.co.uk Summary of the law on race discrimination www.thompsonstradeunionlaw.co.uk Our pledge to you Thompsons Solicitors has been standing up for the injured and mistreated since Harry Thompson founded the firm

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

AND REDUNDANCY. Summary of the law on

AND REDUNDANCY. Summary of the law on Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. This booklet provides a basic outline

More information

Equality and Diversity Forum response to the consultation on employer liability for harassment of employees by third parties

Equality and Diversity Forum response to the consultation on employer liability for harassment of employees by third parties Equality and Diversity Forum response to the consultation on employer liability for harassment of employees by third parties The Equality and Diversity Forum (EDF) is a network of national organisations

More information

Good Practice Guide for Employers and Work Placement Providers

Good Practice Guide for Employers and Work Placement Providers Equality & Diversity Good Practice Guide for Employers and Work Placement Providers HR I Learning & Development I Payroll I Equality & Diversity DERBY COLLEGE IS COMMITTED TO: Promoting social interaction

More information

Disciplinary, grievance and unfair dismissal issues: A JD Law guide

Disciplinary, grievance and unfair dismissal issues: A JD Law guide Disciplinary, grievance and unfair dismissal issues: A JD Law guide In an ideal world your business or workplace would be free from disputes and disagreements. All employees would perform perfectly and

More information

Policy Ref No: SABP/RISK/0034

Policy Ref No: SABP/RISK/0034 Policy Ref No: SABP/RISK/0034 NAME OF POLICY: Claims Handling Policy Clinical Negligence, Liabilities to Third Parties and Property Expenses Scheme Claims REASON FOR THE POLICY: WHAT THE POLICY WILL ACHIEVE:

More information

A Good Practice Toolkit on Equality and Diversity when contracting with the Royal Borough

A Good Practice Toolkit on Equality and Diversity when contracting with the Royal Borough A Good Practice Toolkit on Equality and Diversity when contracting with the Royal Borough For Small and Medium Sized Enterprises September 2011 DRAFT Page 1 of 8 Introduction The Royal Borough of Windsor

More information

Member guide. Legal. FSB Legal Advice Line 08450 727 727. Member guide. FSB Legal protection scheme

Member guide. Legal. FSB Legal Advice Line 08450 727 727. Member guide. FSB Legal protection scheme Member guide Legal FSB Legal Advice Line 08450 727 727 Member guide FSB Legal protection scheme FSB Legal Protection Insurance As a current member you are protected by Legal Protection Insurance. The insurance

More information

USING LAWYERS IN HONG KONG

USING LAWYERS IN HONG KONG USING LAWYERS IN HONG KONG This Guide deals in general terms with using lawyers in Hong Kong. It aims to help a seafarer understand the legal profession in Hong Kong, and how to select, engage and if need

More information

LEGAL SUPPORT FOR YOU AND YOUR. QualitySolicitors Burroughs Day

LEGAL SUPPORT FOR YOU AND YOUR. QualitySolicitors Burroughs Day LEGAL SUPPORT FOR YOU AND YOUR FAMILY QualitySolicitors Burroughs Day Thank you for such a pleasant and easy service. I will certainly be recommending you and wouldn t hesitate to use your services again.

More information

How to write a policy to prevent. Harassment. by Louise Pohl

How to write a policy to prevent. Harassment. by Louise Pohl How to write a policy to prevent Harassment by Louise Pohl Contents Introduction... 7 Section 1: Legal obligations for employers and employees... 9 Employer liability...10 The scope of human rights law...

More information

Equality, Diversity & Inclusion (EDI) Policy Version 2.1

Equality, Diversity & Inclusion (EDI) Policy Version 2.1 Equality, Diversity & Inclusion (EDI) Policy Version 2.1 Original Author: Ariana Henderson Version 2.1 updated August 2013 Contents Confetti Institute of Creative Technologies... 2 Mission Statement...

More information

EMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT

EMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT POLICY NUMBER: CL CG 04 57 07 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the

More information

Equality, Diversity and Inclusivity - Policy

Equality, Diversity and Inclusivity - Policy Equality, Diversity and Inclusivity - Policy 1. Purpose 1.1 The University of Kent is committed to the creation and support of a balanced, inclusive and diverse community which is open and accessible to

More information

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed Unfair Dismissal Overview This module contains information on the new unfair dismissal laws and covers off the following matters: Definitions surrounding unfair dismissal The Small Business Fair Dismissal

More information

BARNTON PARISH COUNCIL (BPC)

BARNTON PARISH COUNCIL (BPC) Policy Title: Disciplinary & Grievance Policy Ref: BPC 008 Author: Philip Miskel Evoy & Lynn Gibbon Date: January 2013 Version 2 Review Date: January 2014 Introduction This policy is designed to ensure

More information

On the case Advice, support and representation from the RCN

On the case Advice, support and representation from the RCN On the case Advice, support and representation from the RCN A guide for members Support from your regional office If you are a full nurse, health practitioner or student member, you are entitled to legal

More information

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals.

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. TOP 10 EMPLOYMENT CLAIMS We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. 1. Unfair Dismissal Claims All employees with two years or more service are

More information

The Equality Act 2010 a summary guide

The Equality Act 2010 a summary guide The Equality Act 2010 a summary guide The Equality Act 2010 a summary guide This factsheet is part of our Your rights range. You will find it useful if you are a person with hearing loss and want to find

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. All employees can bring a claim of

More information

gives employees (1) basic information about bullying and harassment points you to sources of further information and advice. (2)

gives employees (1) basic information about bullying and harassment points you to sources of further information and advice. (2) Bullying And Harassment At Work Guidance For Employees Everyone should be treated with dignity and respect at work. Bullying and harassment of any kind are in no-one s interest and should not be tolerated

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE May 2012 1 Introduction The Disciplinary Procedure applies to all SESTRAN employees. Its main aims are to promote fairness, equity and order in the treatment of individuals and in

More information

DATED [MONTH] 201[4] (1) [APPLICANT'S NAME]

DATED [MONTH] 201[4] (1) [APPLICANT'S NAME] DATED [MONTH] 201[4] (1) [APPLICANT'S NAME] (2) BALFOUR BEATTY GROUP LTD; CARILLION PLC; COSTAIN GROUP PLC; KIER GROUP PLC; LAING O'ROURKE PLC; SIR ROBERT MCALPINE LTD; SKANSKA UK PLC; VINCI PLC APPLICANT

More information

ISLE OF MAN PRISON SERVICE

ISLE OF MAN PRISON SERVICE ISLE OF MAN PRISON SERVICE CODE OF CONDUCT AND DISCIPLINE Isle of Man Prison Service Code of Conduct and Discipline Contents Statement of Purpose and Values Purpose Prison Service Objectives Values Definition

More information

Standards of Conduct

Standards of Conduct Standards of Conduct Contents Introduction 3 Loyalty 3 Confidentiality 3 Public Comments 4 Political Activity 4 Service to the Public 4 Workplace Behaviour 4 Conflicts of Interest 5 Allegations of Wrongdoing

More information

APPLICATION FORM. Personal details. Surname or Family Name. Employer s Address & Postcode. Do you hold a current driving licence?

APPLICATION FORM. Personal details. Surname or Family Name. Employer s Address & Postcode. Do you hold a current driving licence? APPLICATION FORM Personal details Post Applied For Personal Nursing Assistants Surname or Family Name First Name(s) Other names Home Address & Postcode Home Tel No Mobile No Daytime Tel No Email Address

More information

Z:\Committee\2015-16\PERSONNEL PANEL\2015-07-14\POLICIES\Discipline Procdure.doc

Z:\Committee\2015-16\PERSONNEL PANEL\2015-07-14\POLICIES\Discipline Procdure.doc DISCIPLINARY PROCEDURE 1. PURPOSE AND SCOPE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct whilst at work or representing the council.

More information

BUCKINGHAMSHIRE COUNTY COUNCIL SCHOOLS GRIEVANCE POLICY AND PROCEDURE

BUCKINGHAMSHIRE COUNTY COUNCIL SCHOOLS GRIEVANCE POLICY AND PROCEDURE BUCKINGHAMSHIRE COUNTY COUNCIL SCHOOLS GRIEVANCE POLICY AND PROCEDURE Version 2 Page 1 of 16 Revised June 2012 BUCKINGHAMSHIRE COUNTY COUNCIL GRIEVANCE POLICY AND PROCEDURE FOR SCHOOLS 1. Introduction

More information

3. MISCONDUCT and GROSS MISCONDUCT The following list provides examples of misconduct which will normally give rise to formal disciplinary action:

3. MISCONDUCT and GROSS MISCONDUCT The following list provides examples of misconduct which will normally give rise to formal disciplinary action: WISBOROUGH GREEN PARISH COUNCIL DISCIPLINARY PROCEDURE 1. PURPOSE AND SCOPE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct whilst

More information

Legal Research Record

Legal Research Record Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding

More information

EQUAL OPPORTUNITIES & DIVERSITY POLICY

EQUAL OPPORTUNITIES & DIVERSITY POLICY 1. General dh Recruitment Hereford & Worcester embraces diversity and will seek to promote the benefits of diversity in all of our business activities. We will seek to develop a business culture that reflects

More information

The Little Book of Employment Law

The Little Book of Employment Law The Little Book of Employment Law General principles 2 I can't be sacked for being flamboyant Discrimination damages people 6 Whistleblowing 8 Recruitment 12 Employment terms 14 Family friendly rights

More information