One aim of the Equality Act 2010 is to protect people with disabilities and prevent disability discrimination. We review the key provisions of the Act relevant to disability discrimination with respect to mental illness.
This article analyses data collected on mental health discrimination (MHD) litigation in Britain between 2005 and 2012. The data on MHD litigation are presented by an examination of the following: population of cases reaching the Employment Appeal Tribunal and the additional (to MHD) claims brought in the cases, findings relating to the characteristics of the claimant and respondent and the workplace and organizational context from which the legal action arises, the forms of the MHD being claimed and key legal issues arising from the analysis of case law. Results suggest that a substantial gap between law, policy and practice remains and that organizations are not being proactive enough in preventing and tackling the issue of MHD arising in the workplace.
Purpose The purpose of this paper is to examine the practical and legal complexities associated with tele-homeworking arrangements in light of the recent COVID-19 pandemic. In particular, the study focusses on organisational practices and outcomes relating to the monitoring and surveillance of employees. Drawing on relevant UK legislation and illustrative case law examples, the study demonstrates the challenges and legal implications associated with tele-homeworking. Design/methodology/approach This study is based on a review of the literature and an examination of the EU and UK laws applicable to various employer and employee concerns that stem from tele-homeworking. Findings Tele-homeworking can be advantageous to both employers and employees, however, there are a number of growing concerns surrounding the monitoring of such workers. Developing technologies can act as a catalyst for legal disputes and the advances in workforce monitoring and surveillance reveal the complex challenges faced by both employers and employees. The indiscriminate monitoring of staff can result in claims of violations to the privacy rights of workers, breach of contract and discrimination claims. Several policy implications associated with monitoring tele-homeworkers surface from the analysis, including the need to ensure that any proposed surveillance is legitimate, proportionate and transparent. Originality/value The paper is beneficial in providing legal insights into the topical and continuing complexities associated with the monitoring of tele-homeworkers. The exogenous shock of COVID-19 has demanded the reorganisation of work. The extensive and developing capabilities that employers have at their disposal to engage in employee monitoring, give rise to a greater possibility of legal challenges by workers. The study serves to draw attention to various surveillance concerns and highlights the importance of employers undertaking an evaluation of their monitoring practices and complying with the legal framework.
Purpose The purpose of this study is to examine the practical and legal complexities associated with tele-homeworking in the context of the UK Equality Law. First, the paper provides a background to the recent growth of tele-homeworking as a result of the COVID-19 pandemic, outlining the tenets of the UK Equality Act 2010 and referring to additional legislation pertinent to the ensuing discussion. Second, illustrative case law relevant to the UK Equality Law is put forward to demonstrate the potential challenges that employers and employees might encounter with continued and longer-term tele-homeworking arrangements. Third, the paper outlines implications for employers and human resource managers in terms of policies and practices that might shape the nature of the employment relationship. Design/methodology/approach This study is based on a review of the literature and an examination of UK case law applicable to tele-homeworking, taking into consideration equality, diversity and inclusion concerns in the workplace. Findings Remote working can be beneficial to both employers and employees. However, there are a number of significant concerns surrounding the management of tele-homeworkers in the aftermath of the pandemic that can act as a stimulus for legal disputes around discrimination, infringement of human rights and breach of contract claims. Several policy implications surface from the analysis that relate to equality and fair treatment associated with both current and future work arrangements. Originality/value The paper is significant in offering legal insights into how the UK Equality Law relates to the complexities associated with the management of tele-homeworkers. The study also highlights how return-to-office undertakings might need to consider wider legal issues. COVID-19 and its repercussions have demanded the reorganisation of work, which can give rise to a greater possibility of legal challenges and the study highlights the importance of employers undertaking an evaluation of their equality practices and complying with the legal framework.
Purpose -The purpose of this paper is to present research conducted with legal cases of sexual harassment (SH) in Great Britain over the past ten years. The paper contributes to the equal opportunities literature since it offers a rare interpretation of longitudinal case data with important implications for law, policy, social science and, indeed, for the management of equal opportunities within organizations. The paper approaches SH both as an evolving legal issue and as a type of organizational conflict, with particular power influences and effects. Design/methodology/approach -The population of individual case records with a SH component was accessed via the BALII database for the period 1995-2005. These case records were content-analyzed using a framework of variables developed for the study. Variables of interest initially were identified from a review of the social science, law and policy-related literatures Findings -The vast majority (96 per cent) of workers bringing appeals of SH were female. The data suggest that claimants were more likely to be single than married. In many ways, the profile of respondents appears a mirror image of claimants. This is true in terms of gender (92 per cent are men) and also in terms of organizational power; the large majority of individuals named as respondents in SH cases are managers or professional employees. It is evident from the analysis that there is low reporting and high attrition rates of cases relating to claims of SH. Research limitations/implications -Given this paper examines appellate cases, it is important that the findings are set in context. The appellate cases tend to deal with questions of law, which may make these cases particularly unique from the run of the mill harassment cases. Whilst dealing with important legal issues it should be acknowledged that appellate cases are not necessarily representative of SH litigation in general. Practical implications -The paper contributes to the equal opportunities literature since it offers a rare interpretation of longitudinal case data with important implications for law, policy, social science and, indeed, for the management of equal opportunities within organizations. Originality/value -The paper concludes that management of risk relating to SH could be improved via knowledge of the litigation record. This means looking not just at cases that make law, but at the wider body of claims tested by tribunals. Analysis of these could open a window on SH in workplaces -illuminating how it operates, how individuals and organisations react to its experience and how employment tribunals assess claims overall.
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