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The concept whereby an employee is victimised by an employer or the actions of another person in specific circumstances.
Victimisation is a legal concept that is defined in discrimination legislation and occurs when a person is subjected to a detriment because he or she has brought or is going to bring, or is believed to have brought or be going to bring, in good faith, proceedings under the Equality Act 2010. It can also be where a person has given evidence or information in connection with proceedings under employment legislation, done anything for the purposes of or in connection with such legislation; or made any allegations that another person had contravened certain employment legislation.
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Key policies for an organisation鈥攃hecklist This Checklist identifies typical key policies an organisation should consider implementing and provides links to Lexis+庐 UK Precedents you could use or adapt. Having effective policies and procedures in place will help an organisation to manage risk and will also help to demonstrate compliance in areas where having a policy is a regulatory requirement. NOTE: This Checklist is not intended to be an exhaustive list of every policy an organisation should have. Additional or alternative policies may be required to suit your organisation or to meet any industry or sector-specific regulatory requirements. General human resources policies Policy Aim of this policy Lexis+庐 UK Precedents you could use or adapt (available subject to subscription) 鈽 Adoption leave policy To set out an organisation鈥檚 policy on adoption leave and pay. Policy鈥攁doption leave 鈽 Carer鈥檚 leave policy To set out an organisation鈥檚 policy for employees to take unpaid time off to provide or arrange care for a dependent with a long-term care need. Policy鈥攃arer鈥檚 leave 鈽 Compassionate...
Drafting checklist for claim or response鈥攕exual harassment, conduct of a sexual nature and constructive dismissal Both parties 鈥 Was the Claimant an employee within the meaning of the Employment Rights Act 1996? See Entitlement to claim unfair dismissal鈥擡ligibility and Employee status 鈥 Was the Claimant an employee within the meaning of the Equality Act 2010? See Employment events which give rise to discrimination, harassment and victimisation claims鈥擳he meaning of 'employment' 鈥 Was the Claimant a contract worker in respect of whom the Respondent was a principal? See Discrimination, victimisation and harassment claims by non-employees鈥擟ontract workers 鈥 Did the Claimant have requisite qualifying service for an unfair dismissal claim? See Qualifying period for unfair dismissal 鈥 Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See The early conciliation requirement 鈥 Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Unfair dismissal time limit, Prohibited conduct claims: time limits鈥擳ime limits...
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This Practice Note examines unlawful victimisation under the Equality Act 2010 (EqA 2010).Domestic laws that have been made to implement UK obligations under EU law (such as the obligation to implement Directive 2000/78/EC, the Equal Treatment Framework Directive, which EqA 2010 implements) are assimilated law. For further information, see Practice Note: Assimilated law.The purpose of the victimisation provisions is to protect an individual who speaks up to assert their rights under EqA 2010 and are treated badly in retaliation. For example:鈥 woman suggests to her (male) manager that he did not promote her because of her gender鈥he manager responds by dismissing her鈥e says that he did not do so because of her gender, but rather because she had the impertinence to suggest that he had discriminated against herThe manager鈥檚 act is not direct or indirect discrimination, but it is unlawful victimisation (see: Victimisation defined, below).For information on other forms of discrimination and prohibited conduct under EqA 2010, see: Prohibited conduct (discrimination etc)鈥攐verview.For information:鈥n the circumstances in which claims of victimisation...
Digital Planning in England Note that this Practice Note was last updated in April 2025. Introduction In October 2023, the Levelling-up and Regeneration Act 2023 (LURA 2023) gained Royal Assent and became the first legislation to seek to define data standards and data software. Since then, the intersection of planning and digitisation has only increased in scale and scope. In the last four months, the government has published the 鈥楢I Opportunities Action Plan鈥, has issued a policy statement on the Data Use and Access Bill, while the forthcoming Cyber Security and Resilience Bill will have digital implications for energy and transport networks and smart city initiatives. The inexorable progress towards automation and digitisation has many benefits: diverting human resources to where they are most useful, extending the reach of the planning process and improving participation, and helping to understand and mitigate environmental issues. It also challenges existing norms on issues including equalities, human rights, public sector decision-making and probity in planning. Given the scale and scope of coming changes, it...
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ET1 Claim鈥攄isability discrimination (direct discrimination, indirect discrimination, discrimination arising from disability and failure to make reasonable adjustments), harassment, victimisation and unfair dismissal (ill-health capability) [Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as a [insert job title, eg 鈥榩aralegal and then as a trainee solicitor鈥橾 from [insert start date of employment, eg 6 September 2021] until [his OR her OR their OR dismissal on [insert date, eg 31 March 2024]. The Respondent is [insert brief description of the nature of the Respondent, eg 鈥榓n international law firm鈥.]. 2 [The Claimant claims that the Respondent subjected [her OR him OR them] to [a course of ]discrimination, harassment and victimisation which included his OR her OR their] discriminatory and unfair dismissal.] Disability 3 The Claimant has [insert details, eg 鈥榗linical depression and severe dyslexia鈥橾 and was at all relevant times a disabled person [by reason of each of these impairments] for the purposes of...
Whistleblowing report register This Precedent is a tool to maintain records of reports made under the Whistleblowing policy. It is provided in Excel format and therefore cannot be downloaded to Word. The Public Interest Disclosure Act 1998 (PIDA 1998) protects workers who make 'protected disclosures' from dismissal, selection for redundancy or from being subject to a detriment, such as the refusal of a pay increase or promotion or other forms of victimisation. PIDA 1998 provides a wide category of 'qualifying disclosures' relating to types of malpractice and stipulates that to be a 'protected disclosure' the employee must make the disclosure in the accepted way. PIDA 1998 was implemented by amendments to the Employment Rights Act 1996 and complaints
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An individual is employed on a one-year fixed-term employment contract as maternity cover. Following a cancer diagnosis part-way through the fixed-term, their contract is extended for seven months to allow the employee to benefit from enhanced sick pay. At the date of termination, the employee would still have the benefit of a few months of half-pay under the terms of the enhanced sick pay scheme before their sick pay reduces to nil. The other employee has returned from maternity leave. Is there a risk of disability discrimination claims? Disability discrimination Under section 6 of the Equality Act 2010 (EqA 2010) and EqA 2010, Sch 1, Pt 1, cancer is considered (without more) to be a disability for the purposes of EqA 2010. See Practice Note: Disability. Consideration will need to be given to the different types of discrimination and other prohibited conduct set out in EqA 2010. See the section of Practice Note: Disability discrimination entitled 鈥楾he basic types of discrimination and other prohibited conduct鈥, and the more detailed Practice...
Can a self-employed individual bring a claim for sexual harassment in the employment tribunal against the company they work for? An individual who has been sexually harassed potentially has a claim under the Equality Act 2010 (EqA 2010) and/or under the Protection from Harassment Act 1997 (PHA 1997). Equality Act 2010鈥攑rotection against harassment Harassment is prohibited under EqA 2010. Protection against standard harassment is provided where an individual is subjected to: 鈥 unwanted conduct 鈥 that is related to a 鈥榬elevant protected characteristic鈥 that they have, and 鈥 the unwanted conduct has the purpose or effect of: 鈼 violating their dignity, or 鈼 creating an environment that is intimidating, hostile, degrading, humiliating or offensive to them The 鈥榬elevant protected characteristics鈥 for these purposes are: 鈥 age 鈥 disability 鈥 gender reassignment 鈥 race 鈥 religion or belief 鈥 sex, and 鈥 sexual orientation There is separate protection against conduct which is of a sexual nature. This type of harassment does not need in any way to 'relate to'...
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This edition of Employment weekly highlights includes: (1) publication by the Business and Trade Committee of the government response to the BTC鈥檚 third report on the Employment Rights Bill, (2) a Scottish Employment Tribunal decision finding that exam invigilators for the Scottish Qualifications Authority (SQA) have worker status, (3) the European Council鈥檚 adoption of its position on a proposed EU Regulation to establish a single digital declaration portal for posted workers, (4) HMRC company cars advisory fuel rates taking effect from 1 June 2025, (5) the Industrial Relations Law Reports (IRLR) June 2025, (6) dates for your diary, and (7) other news items of interest to employment practitioners.
This edition of Employment weekly highlights includes: (1) an EAT decision under the pre-IP completion day Brussels Regulation on the employment tribunal鈥檚 jurisdiction to hear claims brought by a British citizen employed by a company domiciled in Georgia, USA under an employment contract governed by the law of that State, (2) the launch by the Low Pay Commission (LPC) of a consultation on 2026 national minimum wage (NMW) and national living wage (NLW) rates, (3) an update to the HMRC Check Employment Status for Tax (CEST) tool, (4) a Court of Appeal decision to strike out whistleblowing detriment claims against external HR consultants, (5) confirmation from the Court of Appeal that, in the context of an indirect age discrimination claim relating to changes made by a parent company to the rules of a long term incentive plan (LTIP), the parent company was not the agent of the subsidiary employer, (6) a High Court decision that the alleged vicarious liability of a transferor employer does not transfer under TUPE, (7) the...
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