Employment Law – The Equality Bill 2010 / New "Fit Notes" / Sickness during holiday

Ince & Co – Employment Law

The Equality Bill 2010

The Equality Bill received Royal Assent on 8 April 2010 and became the Equality Act 2010. The majority of its provisions will come into force in October 2010. This is arguably the most important and long-anticipated piece of employment legislation due to come into force this year.

The Act aims to unify and re-state existing discrimination legislation concerning sex, race, disability, sexual orientation, religion or belief and age, adopting a common approach where appropriate. It introduces some significant changes particularly in relation to gender pay discrimination and the introduction of new types of disability discrimination.

Obviously it is important that all employers are familiar with their obligations under the Act and it may be necessary to issue new workplace policies setting out the employer’s anti-discrimination policies. We will be issuing further bulletins on this during the course of the year.

New “Fit Notes”

Under the Social Security (Medical Evidence) Regulations 2010, with effect from 6 April 2010, the traditional sick note will be replaced with a ‘fit note’. This means a GP will indicate whether an employee is fit for work and suggest actions that an employer can take to facilitate an employee’s return to the workplace. This is designed to tackle the problem of employees’ long-term absences from work by making it easier for partially-fit employees to return to work. Suitable adjustments for a partially fit employee could include allowing a phased return to the workplace, altered working hours or permitting working from a different place. The Government intends to publish more detailed guidance for individuals, employers and healthcare professionals shortly.

Employers should therefore now be able to encourage partially fit employees to get back into the workplace. However, there may be increased potential for disputes with employees regarding the scope of adjustments that may be required to accommodate their return and careful consideration should be given to making these adjustments as reasonable as possible.

Sickness during holiday

Shah v First West Yorkshire Limited

In our October 2009 Employment Law Update we reported on the case of Pereda v Madrid Movilidad in which the European Court of Justice (ECJ) held that the Working Time Directive (implemented in Great Britain by the Working Time Regulations 1998) requires workers on sick leave during a period of scheduled annual leave to be given the right to take annual leave at a later date. This has now been considered and applied by the domestic courts.

The Working Time Regulations 1998 give workers a right to 5.6 weeks leave per year. At least four weeks of that leave can only be taken in the leave year to which it relates.

In this case, Mr Shah’s holiday year under his contract of employment ran from 1 April to 31 March. Mr Shah booked a four week holiday from 22 February to 21 March 2009 (accounting for 12 days of his annual holiday entitlement as he worked a three day week). However, Mr Shah broke his ankle and was absent from work between 15 January and 18 April 2009. His sickness absence therefore overlapped with his holiday period. In April 2009, Mr Shah asked his employer if he could reclaim his 12 days holiday but was refused on the basis that this holiday related to a previous holiday year and had therefore been lost.

The Tribunal held that national law must follow the ECJ decision in Pereda and permit an employee who falls sick during a period of annual leave to take that annual leave subsequently within the holiday year or, if time does not permit, within the following leave year.

 As a result of this decision, employers may wish to consider implementing policies and procedures for the reclaiming of holiday time lost due to illness.

Understanding The Equality Act 2010

The Equality Act 2010 will provide a modern and accessible framework that outlines the law with regards to discrimination in the workplace and elsewhere. Under this new act, the same groups that have been protected by previous and existing legislation are still covered, meaning that there is still protection against discrimination based on age, sex, gender reassignment, disability, race, sexual orientation, religion or belief, pregnancy and maternity and marriage or civil partnership status. The Equality Act 2010 will replace some previous legislation, such as the Disability Discrimination Act 1995 and the Race Relations Act 1976 in order to combine the current and new legislation into one single act.

As a result of this act’s implementation, there are several instances where rights and responsibilities given to workers and employers have changed, stayed the same or been extended. There are also some new rights and responsibilities that have been introduced for the first time, which is one of the main reasons employers should study the act closely in order to ensure their workplaces comply with the rules laid out within the act in its entirety. It may be wise to attend a training course on the new act, which can be attended at various locations around the country in order to familiarise yourself completely with the new legislation, as well as have any questions or issues you may have answered to improve your understanding. The act consists of 16 parts and 28 schedules, so a training course will certainly make it easier for employers to fully understand all of the act.

It is hoped that the new equality Act will provide an up-to-date, simpler and more effective framework for individuals and organisations to understand discrimination and equality. Since most of the focuses of the Equality Act 2010 have already been previously addressed, the Act will not change the law in this regard, however it is hoped that combining the previous acts into one piece of legislation will speed up the effects that were previously not achieved at their desired impact. The Act aims to harmonise discrimination law, whilst strengthening the law to support progress on equality

UK Law: The Equality Act 2010 four months on and the Not-For-Profit Sector

Over the past 40 years piecemeal legislation had grown up to remove discrimination and less favourable treatment in the workplace, including:

 

The Equal Pay Act 1970

The Sex Discrimination Act 1975

The Race Relations Act 1976

The Disability Discrimination Act 1995

The Employments Equality (Religion or Belief) Regs 2003

The Employment Equality (Sexual Orientation) Regs. 2003

The Employment Equality (Age) Regs. 2006

 To a large extent, the Equality Act 2010 consolidates and harmonises existing equality legislation. The Act tries to smooth out difference between the existing legislation and introduces some new principles, for example the obligation on public authorities to promote equality, and the banning of discrimination based on caste.

 

What is not covered in the Act:

Less favourable treatment on the basis of being employed part time
Less favourable treatment on the basis of being employed on a fixed term contract
A general prohibition against bullying in the workplace

 

What are ‘Protected Characteristics’?

The Equality Act consolidates and extends discrimination law to cover:

Age, disability, marriage and civil partnership, sex, gender reassignment, pregnancy and maternity, sexual orientation, race, religion or belief.
These will all be ‘Protected Characteristics’.

 

Direct discrimination

Section 13 defines direct discrimination as follows: ‘A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.’

 

Thus, the Act retains the requirement for a real or hypothetical comparator who does not share the relevant protected characteristic (except in relation to pregnancy and maternity discrimination).

 

Indirect discrimination

Indirect discrimination is when you apply a requirement which indirectly affects a larger proportion of one group with a protected characteristic than another.

 

For example:

More women than men want to work part time, particularly after childbirth. If you refuse to allow a woman to return on a part time basis after maternity leave, this may give rise to indirect discrimination.
If you say that only people with 10 or more years experience may apply for a position, this may indirectly discriminate against younger employees (unless you can justify the requirement as being a proportionate means of attaining a legitimate aim)

 

Objective Justification:

The Equality Act provides a standardised test for objectively justifying indirect discrimination and direct age discrimination if it is a ‘proportionate means of achieving a legitimate aim’.

 

Discrimination by Perception:

The Act covers so-called ‘perceptive’ discrimination; that is, discrimination because of a person’s perceived. For example, John lives in Brighton and went to Public School. His colleagues all assume that he is gay and make fun of him as a result. As it happens John is straight. John can still claim protection under the Equality Act, even though he does not have the protected characteristic (namely being gay).

 

An exception is made in respect of marital or civil partnership status. You can only claim if you actually are married or in a civil partnership, not because people assume you are.

 

Harassment:

As before, workers cannot harass someone for having a protected characteristic, for example by making jokey sexist comments or sending jokey ageist emails.

 

Employers will be liable if they knowingly fails to protect employees from repeated harassment by a third party such as a customer or a supplier. This is now standardised across all protected characteristics.

 

Under S.26(1)(a), a person (A) harasses another (B) if A engages in unwanted conduct ‘related to a relevant protected characteristic’ which has the purpose or effect of violating B’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

 

Victimisation:

It is unlawful to victimise someone as a result of having made a complaint about discrimination, even if it turns out that you do not uphold their complaint. The victim does not have to show less favourable treatment than other persons in the same circumstances.

 

Instructing discrimination:

It is unlawful for employers to instruct or induce someone to discriminate against, harass or victimise another person, by reason of their protected characteristics, even when the instruction is not carried out. 

 

Burden of Proof:

Firstly the claimant (normally employee) must establish  the facts from which (in the absence of an adequate explanation) it can be concluded that unlawful discrimination has taken place. 

 

If so, the burden of proof then shifts to the employer to demonstrate if he can, (on the balance of probabilities), that there was an adequate “non-discrimination” explanation for what took place. If he fails to demonstrate this then the tribunal is required to assume that he is “guilty”.

 

Comparators & Disability:

Other than in less favourable treatment related to pregnancy, the claimant has to demonstrate that they are treated less favourably as compared to someone without the Protected Characteristic.

 

In disability claims all sorts of problems arose following the case of London Borough of Lewisham v Malcolm HL 2008 which made it almost impossible to identify an appropriate comparator. These problems have now been swept away. In relation to disability:

 

A person (A) discriminates against a disabled person (B) if:

(a) A treats B unfavourably because of something arising in consequence of B’s disability, and

(b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim” (Equality Act 2010 s.15)

 

However this does not apply if A did not know, and could not reasonably have been expected to know, that B had the disability.

 

Practical Questions:

 

Are we liable for claims of discrimination brought by volunteers against us?

In X v Mid-Sussex CAB the Court of Appeal held in February 2011 that a CAB volunteer and who had no contract with the CAB could not pursue a claim under the Disability Discrimination Act 1995 (DDA) or under the Equal Treatment Framework Directive. The court rejected the argument that volunteers were caught by the reference to “occupation” in the Directive or the DDA.

 

This case applies equally to the Equality Act 2010. The judgment has brought relief to charities and other voluntary sector bodies that were concerned about the extra burden that enhanced rights for volunteers would bring. This may yet be appealed to the Supreme Court.

 

However:

-          Although Volunteers with no contractual obligation to personally do work will not be covered by the Equality Act.

-          Unpaid workers who are subject to a legally binding contract to ‘personally do work’ may well be covered by the Equality Act.

-          People on work experience or a vocational training placement are likely to be covered by the Act as well.

 

(s56(6) and 83(2), Equality Act 2010).

 

Our Care Workers are occasionally subjected to racist abuse by users who come into our care centre. Are we liable?

Employers will be liable if they knowingly fail to protect employees from repeated harassment by a third party such as a user, customer or a supplier if it happens on at least three occasions and the employer knows about it but does not take reasonable steps to prevent it.

 

Third party harassment was already unlawful under sex discrimination rules but as from 1st October 2010 the rules are extended to cover the other protected characteristics.

 

In other words, if a user of your service repeatedly abuses a Care Worker on two or more occasions, you will be liable if you fail to take such steps as would have been reasonably practicable to prevent the third party from doing so.  (Equality Act 2010 s.40(4).

 

Appropriate action might be withdrawing the service from a particular user or issuing zero tolerance notices etc.

 

Can a religious youth centre refuse to employ someone who is gay on religious grounds, or because they are not of a certain faith?

It is of course unlawful to discriminate against someone by reason of their sexual orientation, or religious belief.

 

However the Equality Act 2010 provides for limited exceptions in favour of organised religions which impose one or more of specified requirements the imposition of which would otherwise be unlawful.

 

This is however provided always that application of the requirement “engages the compliance or non-conflict principle” (Equality Act 2010 sch 9, Part 1 para 2(1)).

 

The specified requirements are:

a requirement to be of a particular sex;
a requirement not to be a transsexual person;
a requirement not to be married or a civil partner;
a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner;
a requirement relating to circumstances in which a marriage or civil partnership came to an end;
a requirement related to sexual

2010 fashion women's clothing, you will become the focus

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The Equality Act 2010: The UK's New Anti-Discrimination Legislation

The Equality Act 2010 (EA 2010) comes into force on the 1st October 2010 and it has widespread ramifications for employment law in the United Kingdom.

The principal objective of the EA 2010 is bring together all of the UK’s anti-discrimination legislation that has been introduced since the 1970′s under one piece of legislation and to simplify and harmonise it (e.g. the Disability Discrimination Act 1995, the Race Relations Act 1976, the Sex Discrimination Act 1975, the Equal Pay Act 1970, etc). In this respect, its aims and objectives are similar to those of the Civil Rights Act 1964 in the United States and the European Unions Equal Treatment Directives.

The main provisions of the EA 2010 are as follows:-

Where employers have been found guilty of discrimination, Employment Tribunals can now demand that they implement changes to prevent further discrimination.
The law relating to harassment is extended so that employees can bring a complaint for harassment even where it is not directed at them personally, so long as they can show that the harassment created an offensive environment for them to work in. Furthermore, employees can also bring a claim where third party harassment takes place. That is, employers can potentially be held accountable for harassment by persons they don’t employ (i.e. customers and suppliers).
Associative Discrimination: this is a type of claim that is now being extended to all areas of anti-discrimination law. It can be brought where an employee can claim direct discrimination (i.e. less favourable treatment) because they are associated with a person who has a certain protected characteristic (i.e. disability, sex, race, age, etc). This previously only applied to race discrimination, and discrimination by reason of sexual orientation, religion, and belief.
Discrimination Arising From Disability: this is a new type of claim in which those with a disability can bring a claim where they feel that they are being discriminated against by their employer in terms of being treated less favourably as a result of an issue arising in consequence of their disability. This was brought in to counter the problems caused by the decision in the case of London Borough of Lewisham v Malcolm (2008). As a result of the Malcolm case, disability-related discrimination became much harder to prove because in that case, it was decided that the correct comparator was a non-disabled person with similar circumstances. Essentially, what this meant was that employers were able to defeat disability-related discrimination claims because they were able to show that a comparator would have been treated in exactly the same way. The new type of claim of discrimination arising from disability attempts to eliminate this problem. It removes the need for a comparator and the employee now simply needs to show that the less favourable treatment relates to something arising in consequence of their disability (and not the disability itself). Nevertheless, an employer will have defence if they can demonstrate that the less favourable treatment is a proportionate means of achieving a legitimate aim or they were unaware of the disability.
Discrimination By Perception: this is another type of claim which is being extended to all areas of discrimination law. It is a claim which can be brought for direct discrimination (i.e. less favourable treatment) where an employer believes the employee possesses a protected characteristic (i.e. age, sex, race, disability, etc), even if they don’t. Previously, this only applied to age discrimination, race discrimination, and discrimination by reason of sexual orientation, religion, and belief.
Indirect discrimination (i.e. a practice, criterion, policy, etc that is applied to everyone, but creates an unjustifiable disadvantage for a particular group who share a protected characteristic) is now extended to apply to disability and gender reassignment discrimination as well as those areas it previously applied to.
During recruitment, employers can no longer ask questions about a candidates health except where they apply to essential aspects of the job (e.g. heavy lifting)
To be eligible to bring a claim for discrimination by reason of gender reassignment, Claimant’s no longer need to have been under medical supervision (i.e. the legislation now also protects those who have not undergone any medical procedures as well as those who have).
In terms of employers justifying certain actions, there is now a new single objective test which replaces the different tests that used to apply.
The ‘List of Capacities’ re disability discrimination is now being removed as it was viewed as being unduly restrictive. Instead, Employment Tribunals will now be left to make a ‘common sense’ decision on whether an impairment has a substantial effect on day to day activities.
The EA 2010 as originally intended, allowed employers to take ‘positive action’ re under-represented groups. However, this part of the legislation will not be coming into force on the 1st October 2010 and the new Coalition Government may decide to remove it from the Act altogether.
Equal Pay: employees can now bring a claim for Direct Pay Discrimination, even where no actual comparator can be found so long as they can show that they would have received higher pay had they been of the opposite sex (i.e. by using hypothetical comparators).
Pay secrecy is now outlawed
Dual Discrimination: The EA 2010 introduces protection against dual discrimination whereby it is now illegal to discriminate by treating an employee less favourably because of a combination of two protected characteristics from the following group: sex, race, disability, age, sexual orientation, religion or belief, and gender reassignment.

THE EQUALITY BILL WAS PASSED 8TH APRIL 2010

THE EQUALITY BILL WAS PASSED 8TH APRIL 2010

The Equality Bill will come into force in October 2010 and will extend the rights and protection of persons vulnerable to discrimination.

How will this affect you?

The Equality Bill, was approved by the House of Commons and received Royal Assent on 8th April 2010.  As such The Equality Act 2010 is due to come into force from October 2010.  The purpose of the Act is to unify the present law on discrimination and to extend its protection outside of the workplace.

Background

Its ethos being that everyone has the right to be treated fairly and be protected from discrimination and harassment. Over the past 40 years successive Governments have introduced laws to promote civil rights and equality. Starting with the Race Relations Acts in the 1960s to the Equal Pay and Sex Discrimination Acts in the 1970s. From protecting the rights for disabled people in the 1990s to the introduction of civil partnerships in 2004. The Equality Act is an important step beyond this extending and consolidating these rights and influencing the way in which services can be provided.

Discrimination beyond the work place

The scope of protection from discrimination is to be extended beyond the workplace and offer you causes of action in the civil courts.

If, as a consumer, you are refused a service, treated less favourably, subject to harassment because of your gender, sexual orientation, age, race, belief or because you are disabled you may have a claim for compensation or a right to force the provider to action what is required or rectify the issues that have been created as a result.

For example, it will now be unlawful to refuse the provision of any services to a person, because of their sexual orientation, such as the recent press release where a couple were denied accommodation at a bed and breakfast facility because they were gay.

For more guidance please review our articles or contact our client management team.

Discrimination by Association and Perception

Discrimination by association and perception will be extended to include the grounds of disability, sex, gender reassignment and age both in and outside of the employment arena. Effectively, this will codify and extend the decision given in the case of Coleman v Attridge Law where the European Court of Justice ruled that it was unlawful to subject an employee to harassment and discrimination after asking for time off to take care for her disabled son.

Disability discrimination

The new Act also sees the introduction of different grounds for claiming disability discrimination – such as limiting an employer’s enquiries of a prospective employee’s health and disability, prior to an offer or employment.

Reasonable adjustments will now be made a requirement of service providers to ensure fair and equal availability and access.

The Equality Act will also introduce new transparency rules regarding the level of disabled employees employed. This will also apply to public authorities.

Protected Belief

Vegans, Scientologists and atheists could be given the same level of protection against discrimination as religious groups according a draft code of practice that accompanies the Act.

Sex Discrimination/Equal Pay

Measures will be implemented to address the current imbalance in gender pay. From 2013 employers with more than 250 employees may be required to report to the Government the gap between male and female salaries if they have not already voluntarily done so before hand. Private sector reports will be monitored annually with a view to reducing gap in gender pay.

By April 2011, public bodies with more than 150 employees will be required to produce similar reports in addition to equality data illustrating proportions of ethnic minority employees.

Why A City Law Firm is the right firm for you

A City Law Firm has a wealth of experience dealing with discrimination issues, whether they are in the workplace, or in your personal or business capacity. From LGBT issues to disability and age discrimination, we are able to assist you by providing clear, up to date and pragmatic advice, as well as advising you on the commerciality of pursuing such an action.

 

 

 

 

 

Contact

For further information please contact our Client Management team on 0207 426 0382 or <!– var prefix = ‘mailto:’; var suffix = ”; var attribs = ”; var path = ‘hr’ + ‘ef’ + ‘=’; var addy61287 = ‘enquiries’ + ‘@’; addy61287 = addy61287 + ‘acitylawfirm’ + ‘.’ + ‘com’; [removed]( ” ); [removed]( addy61287 ); [removed]( ‘<\/a>’ ); //–> [removed] [removed] <!– [removed]( ” ); //–> [removed]This e-mail address is being protected from spambots. You need JavaScript enabled to view it [removed] <!– [removed]( ” ); [removed]( ‘span>’ ); //–> [removed]“>enquiries@acitylawfirm.com .

Maud Edgren-Schori to Lecture on Gender in Conflict-Affected Populations on November 11, 2010

Adelphi University Distinguished Visiting Professor Maud Edgren-Schori will present a lecture on “Considering Gender in Conflict-Affected Populations: The Republic of Georgia” on Thursday, November 11, 2010, at 3:00 p.m. in Adelphi’s Alumni House, 154 Cambridge Avenue, Garden City, NY. This free event, sponsored by the International Initiatives Committee (IIC), builds on Adelphi’s long tradition of international interest and service. Edgren-Schori will speak about her data and conclusions from her needs assessment report she wrote while in Georgia. This report will cover the role of gender in conflict affected populations.

Maud Edgren-Schori is a researcher and senior lecturer on social work at Stockholm University, Sweden, where she lectures about social policy, international social work, and human rights in social work. Ms. Edgren-Schori has been a board member of the National Committee of the United Nations Development Fund for Women in Sweden (UNIFEM) since 2007, and was the president from 2008-2010. Ms. Edgren-Schori was also on the board for the International Graduate Program (IGP) at Stockholm University. Some of her recent publications include: “Security Council Resolutions under Chapter VII. Design, Implementation and Accountabilities” and “Training Soldiers for Peace.” Due to her humanitarian work, Ms. Edgren-Schori has travelled to many different places including Africa, Spain, and Georgia in Eurasia. During 2005 and 2006, she worked as a gender adviser in the Ivory Coast. In 2007, her membership on the Gender Standby Capacity (GenCap) roster of gender advisers deployed her to Liberia and to the Republic of Georgia twice. Edgren-Schori also conducts research in the field of social exclusion and ethnic minorities, and has lectured on social policy and community planning. She was also a consultant for the United Nations Report on the World Situation in 2003 and in 2002, Maud Edgren-Schori was asked by the United Nations Development Program to write a report on the issue of social exclusion and social protection. Edgren-Schori holds a degree of Licentiate of Philosophy (Ph.L.) in social work, as well as an M.S. and a B.S. in social work from Stockholm University.

The Inter-Agency Standing Capacity (IASC) GenCap project seeks to build a group of active humanitarians that deal with gender equality programming that includes prevention and response to gender-based violence. The IASC is a service for special agencies to coordinate on humanitarian assistance. This forum involves key United Nations (UN) and non-UN humanitarian partners. GenCap ensures that all humanitarian action takes into consideration the various needs and capabilities of women, girls, boys, and men equally. This organization consists of 26 gender advisers that can be deployed on short notice to support UN Humanitarian/Resident Coordinators (HC/RC) and humanitarian country teams in emergencies as well as in recurring humanitarian situations. While deployed in the Republic of Georgia, Maud Edgren-Schori interviewed a large number of Internally Displaced Persons (IDPs) who were forced to flee their homes but remained within the country’s borders. As part of her deployment there, Edgren-Schori wrote a report to UNIFEM and the Food and Agriculture Organization of the UnitedNations (FAO) which will be the basis of her lecture at Adelphi.

For more information about this and other events on campus, please visit adelphi.edu, or call the Cultural Events Hotline at (516) 877-4555.

About Adelphi University: Adelphi University, chartered in 1896, was the first institution of higher education for the liberal arts and sciences on Long Island. Through its schools and programs—The College of Arts and Sciences, Derner Institute of Advanced Psychological Studies, Honors College, Ruth S. Ammon School of Education, University College, and the Schools of Business, Nursing, and Social Work—the co-educational university offers undergraduate and graduate degrees as well as professional and educational programs for adults. Adelphi University currently enrolls nearly 8,000 students from 41 states and 60 foreign countries. With its main campus in Garden City and centers in Manhattan, Hauppauge, and Poughkeepsie, the University maintains a commitment to liberal studies in tandem with rigorous professional preparation and active citizenship.

Exclusive new autumn and winter recreational sports conference in 2010 Grand Opening

April 12, 2010, with “Kung Fu harmony” as the theme of the distinguished brand new autumn and winter 2010 event exclusive industrial park in Shishi City, formally kicked off. The order will, distinguished three series of casual sportswear new styles of fall and winter full debut, a unique series of retro elements in campus, sporty style to give the city series, and the taste of the street play recreational sports series, fashionable, elegant fabrics, colors Department of fashionable. New shoes, and kung fu shoes and running shoes, casual shoes, led the development direction, focusing on the functionality of shoes, combined with the body mechanics, from the comfort, slip resistance, permeability, earthquake and other aspects of martial arts under the foot. New focus on the young age of 18 to 35 years old mainstream consumer groups, the combination of new crystallization of accumulated and new exclusive brands to further upgrade the competitiveness of these new full; And as through sales of new products with the real skills, win-win channel strategy naturally, we have confidence in the 2010 harvest. Meng Roth Shoes Co., Ltd. Shishi president Mr. Cai Fengyi bring national distributors, resellers attended the event.

    ”In 2009, just past the face of financial crisis, we and distributors together through joint efforts, innovation, achieving a contrarian growth. With our mutual cooperation, harmony against the real skills, we have reason to believe, 2010 In a more harmonious and win-win will be our year. “Mr. Cai Fengyi, said.

     The order will be most interesting is the ordering of the theme: “Harmonious. Kung Fu.” According to reports, the harmony of effort here, the main representative of the power of harmony, the charm of the accumulation. Specifically, harmony refers to the year 2010, from win-win perspective, distinguished strive terminal building, channel development, network building, and other agents to achieve a harmonious atmosphere in the team. Harmony is not only a goal, but also represents a strength, in order to honor a better tomorrow, harmony, first. The effort – on behalf of the distinguished brand strength accumulated since its inception, a spirit, a kind of life experiences. Not just the product of “Kung Fu” concept is more of strategy, strength, the charm of the king of martial arts. 2010, prestigious brands will be based on harmony of objectives, dissemination of their own “Kung Fu” charm, the skill to the limit.

    In fact, the distinguished “harmony. Kung Fu Hustle” has been throughout the purposes of this order will always be. First of all, as manufacturers, exclusive brands showed the harmony in the new real skill. Chinese shoes, clothing market, the brand has been honored in a unique position – between sports and fashion style between, open up a market segment, leading the new trend. Learned that the release of three series of new products, all for between 16 to 30 years old, student-based group. In the category, the shoes, running shoes and the Board Shoes based mainly in the sports and leisure, while a slightly retro, fresh and natural gas natural outflow. The sports and leisure series also incorporates many new elements, including the absorption of some elements of street fashion, but not too alternative and exaggerated. In the fabric of choice is the full features, extensive use of reflective fabrics, the fabric personality, modern, will open another new clothing trends, but also in the relatively modest overall price. The release of new fall and winter, it is the perfect interpretation of style again.

    Together win-win situation, harmonious new life. In 2010, relying on a unique style distinguished brand positioning, accumulation and innovation, in particular its ecological harmony, and competitiveness of construction, we have reason to believe that in 2010, valued the brand team and distributors to create harmony internally and externally in the accomplished under the new business opportunities, the practice harmony and win-win business model, unique interpretation of “Kung Fu” style, original brand new era.

THE EQUALITY BILL WAS PASSED 8TH APRIL 2010

THE EQUALITY BILL WAS PASSED 8TH APRIL 2010

The Equality Bill will come into force in October 2010 and will extend the rights and protection of persons vulnerable to discrimination.

How will this affect you?

The Equality Bill, was approved by the House of Commons and received Royal Assent on 8th April 2010.  As such The Equality Act 2010 is due to come into force from October 2010.  The purpose of the Act is to unify the present law on discrimination and to extend its protection outside of the workplace.

Background

Its ethos being that everyone has the right to be treated fairly and be protected from discrimination and harassment. Over the past 40 years successive Governments have introduced laws to promote civil rights and equality. Starting with the Race Relations Acts in the 1960s to the Equal Pay and Sex Discrimination Acts in the 1970s. From protecting the rights for disabled people in the 1990s to the introduction of civil partnerships in 2004. The Equality Act is an important step beyond this extending and consolidating these rights and influencing the way in which services can be provided.

Discrimination beyond the work place

The scope of protection from discrimination is to be extended beyond the workplace and offer you causes of action in the civil courts.

If, as a consumer, you are refused a service, treated less favourably, subject to harassment because of your gender, sexual orientation, age, race, belief or because you are disabled you may have a claim for compensation or a right to force the provider to action what is required or rectify the issues that have been created as a result.

For example, it will now be unlawful to refuse the provision of any services to a person, because of their sexual orientation, such as the recent press release where a couple were denied accommodation at a bed and breakfast facility because they were gay.

For more guidance please review our articles or contact our client management team.

Discrimination by Association and Perception

Discrimination by association and perception will be extended to include the grounds of disability, sex, gender reassignment and age both in and outside of the employment arena. Effectively, this will codify and extend the decision given in the case of Coleman v Attridge Law where the European Court of Justice ruled that it was unlawful to subject an employee to harassment and discrimination after asking for time off to take care for her disabled son.

Disability discrimination

The new Act also sees the introduction of different grounds for claiming disability discrimination – such as limiting an employer’s enquiries of a prospective employee’s health and disability, prior to an offer or employment.

Reasonable adjustments will now be made a requirement of service providers to ensure fair and equal availability and access.

The Equality Act will also introduce new transparency rules regarding the level of disabled employees employed. This will also apply to public authorities.

Protected Belief

Vegans, Scientologists and atheists could be given the same level of protection against discrimination as religious groups according a draft code of practice that accompanies the Act.

Sex Discrimination/Equal Pay

Measures will be implemented to address the current imbalance in gender pay. From 2013 employers with more than 250 employees may be required to report to the Government the gap between male and female salaries if they have not already voluntarily done so before hand. Private sector reports will be monitored annually with a view to reducing gap in gender pay.

By April 2011, public bodies with more than 150 employees will be required to produce similar reports in addition to equality data illustrating proportions of ethnic minority employees.

Why A City Law Firm is the right firm for you

A City Law Firm has a wealth of experience dealing with discrimination issues, whether they are in the workplace, or in your personal or business capacity. From LGBT issues to disability and age discrimination, we are able to assist you by providing clear, up to date and pragmatic advice, as well as advising you on the commerciality of pursuing such an action.

 

 

 

 

 

Contact

For further information please contact our Client Management team on 0207 426 0382 or <!– var prefix = ‘mailto:’; var suffix = ”; var attribs = ”; var path = ‘hr’ + ‘ef’ + ‘=’; var addy61287 = ‘enquiries’ + ‘@’; addy61287 = addy61287 + ‘acitylawfirm’ + ‘.’ + ‘com’; [removed]( ‘‘ ); [removed]( addy61287 ); [removed]( ‘<\\/a>’ ); //–> [removed] [removed] <!– [removed]( ” ); //–> [removed]This e-mail address is being protected from spambots. You need JavaScript enabled to view it [removed] <!– [removed]( ” ); [removed]( ‘span>’ ); //–> [removed]“>enquiries@acitylawfirm.com .