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Equality Act 2010 & Discrimination: Discrimination key card

Key Points

  • Applicants, employees and former employees head a long list of those protected by the Equality Act 2010;
  • The Equality Act 2010 lists nine protected characteristics;
  • Main types of claim are direct discrimination, indirect discrimination, harassment and victimisation;
  • Indirect discrimination (and direct age discrimination) can be objectively justified;
  • Remedies include compensation, declarations and recommendations.
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Time Limits for Claims

Key Points

 

  • Refer to the card below for the table of time limits for making employment related claims

 

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Equality Act 2010 & Discrimination / equal pay and terms: key card

Key Points

  • An implied sex equality clause relating to pay is in worker contracts.
  • Occupational pension schemes also have implied sex equality rules.
  • If a claimant cannot rely on those terms a sex discrimination ground may be available to them.
  • Whilst on maternity leave access to pay and benefits increases is protected.
  • Equal pay audits can be ordered when a respondent loses a case to ensure that future practice changes.
  • Gender pay gap reporting shows the differences in the average pay between men and women expressed as a percentage.
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Protected Conversations and the Without Prejudice Rule

Key Points

  • A ‘protected conversations’ is a process introduced by the Business and Regulatory Reform Act 2013.
  • The effect is to render evidence of certain pre-termination negotiations inadmissible in an unfair dismissal case. 
  • The ‘without prejudice rule’ only applies where statements are made in a genuine attempt to settle a dispute.
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Settlement of Claims in the Tribunals - General

Key Points

  • Outside the tribunal legal framework all claims can generally be compromised in the ordinary way, by contract
  • The legal framework for the statutory claims over which the Tribunals have jurisdiction is different
  • Some statutory claims are incapable of settlement but, for some of those, a binding settlement may still be achieved following Acas conciliation
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Pensions Regulator (TPR) - Key card

Key Points

  • TPR has statutory objectives which include protecting pension scheme members' benefits
  • TPR has a broad range of investigative, remedial and anti-avoidance statutory powers
  • TPR's stated approach is to educate, enable and enforce 
  • TPR regularly publishes reports on the considerations given by it to the exercise of its powers and functions

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Time Off Work /time off: key card

Key Points

  • This card contains an overview of rights to time off
  • Further information is contained in the Related cards
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Family friendly rights: key card

Key Points

  • This section gives an overview of  employment law rights and considerations for time off for family reasons, including the preparation for and the arrival of children (via childbirth or adoption) and emergency family situations and compassionate leave for bereavement.
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Working Time, Holidays & Time off Work /Working Time Regulations: key card

Key Points

  • The Working Time Regulations 1998 (SI 1998/1833) implement the Working Time Directive 93/104/EC, now Working Time Directive 2003/88/EC
  • For the first time they introduced general statutory limits on working time and holiday in the UK.
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Qualifying Periods for Claims

Key Points

  • Refer to the card below for the table of qualifying periods
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