Employers beware – careless talk can cost

A recent Employment Appeal Tribunal case highlights the issues with staff socialising and the careless talk and gossip that arises from the event. The case in question examined the events of a firm of solicitors Christmas Party.

At this event, a female employee who was already in a personal relationship with another employee of the firm caused a stir. She was seen kissing the IT Manager, and at the end of the evening they were seen leaving together and alledgedly shared a hotel room.

Shortly after the new year, the female employee informed her employers of her pregnancy. On finding this out, a suggestion was made by the HR Manager about the paternity of the baby. According to the female employee, the HR Manager had also been gossiping and spreading rumours about her pregnancy, which resulted in the IT Manager asking for clarification as to the paternity of the baby.

The female employee issued employment tribunal proceedings claiming sex and pregnancy discrimination, harassment and constructive dismissal. The EAT found that this did constitute sexual and pregnancy related discrimination and the behaviour from the HR Manager was unacceptable.

This case reminds employers about their legal responsibility for the behaviour of their employees, especially during and after any social events. It also highlights the importance of ensuring grievances are dealt with promptly and swiftly.

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New Equality Act – what do you need to do as an employer?

The main provisions of the act are:

  • Protection against direct discrimination, indirect discrimination, harassment and victimisation
  • Clarification of protected characteristics – these are the grounds on which discrimination can occur. This now includes: Age, Disability, Gender reassignment, Marriage & civil partnerships, Pregnancy & maternity, Race, Religion or belief, Sex and Sexual orientation.
  • Changing the definition of gender reassignment to include an individual who has started, proposes to start, or has completed a process to change his or her gender. The individual does not need to be under medical supervision to be protected.
  • Associative & perceptive discrimination – Associative discrimination means discriminating against individuals who associate with an individual with a protected characteristic. E.G. an employee who cares for a disabled relative. Perceptive discrimination means discriminating again individuals who it is thought or perceived to have a protected characteristic.
  • New concept of ‘discrimination’
  • arising from disability
  • Ban on pre-employment health questionnaires
  • Extended protection from third party harassment, to all protected characteristics
  • Making pay secrecy clauses unenforceable

 

What do you need to do as an employer?

  • Review your equal opportunities policy.
  • Review your application form
  • Ensure that your managers and employees are aware of the changes.
  • Reduce risk of discrimination in recruitment e.g., have clear job descriptions; ensure that interview questions are related to job/skills.
  • Do not issue any further pre-employment health questionnaires.
  • Take action if an employee alerts you to 3rd party harassment.
  • Ensure that any secrecy clauses are removed from contracts of employment.
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