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Articles tagged with: Employment

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[ 12 May 2014 | One Comment ]
Discrimination and political membership – should we revisit Redfearn?

By James Hand
Under Art 11 of the European Convention on Human Rights 1950, freedom of association is protected. In Redfearn v UK it was held that the UK government had violated Mr Redfearn’s Art 11 right as the UK had not taken reasonable measures to protect employees such as him from dismissal on grounds of political affiliation. The government’s response, although following a suggestion of the court, could mean that the wider issues in Redfearn may yet have to be visited again.
Back in 2004, Mr Redfearn was employed by Serco, …

Blog, Featured, Human Rights »

[ 26 Mar 2014 | Comments Off ]
No maternity rights for surrogate parents?

By Samantha Ellaby
In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and benefits that should be afforded to mothers having children through surrogacy arrangements.
Current EU law
EU law sets minimum standards of protection for pregnant workers and those on maternity leave. However, it does not specifically govern the protections to be afforded to surrogate parents. Recent debate has questioned whether the Pregnant Workers Directive entitles commissioning mothers (that …

Blog, Criminal, Featured »

[ 10 Mar 2014 | Comments Off ]
Reoffending reforms  – no refinement of relevance

By Lucy Corrin
The Government has today announced their long-awaited reforms to disclosure of previous convictions for rehabilitated offenders.
If someone is asked to disclose convictions, an unspent conviction must always be declared by the individual. This includes a recent conviction where the specified rehabilitation period has not come to end or a conviction for a serious offence, for example, where the sentence of imprisonment is over four years. This would never be “spent” within the meaning of the Rehabilitation of Offenders Act 1974.
 However, the Government has drastically reduced the periods before …

Blog, Featured, Human Rights »

[ 11 Feb 2014 | Comments Off ]
Age discrimination in the police force – the A19 test case

By Samantha Ellaby
In the recent police A19 test case, the Employment Tribunal unanimously found, “that the practice of requiring the retirement of nearly all officers in the Forces who could be required to retire under Regulation A19 of the Police Pensions Regulations 1987 was not a proportionate means of achieving a legitimate aim”, and therefore amounted to age discrimination.
This case concerned indirect age discrimination and, specifically, the extent to which a provision, criterion or practice (PCP), which is seemingly age discriminatory, can be objectively justified by an employer.
It is a …

Blog, Featured, Human Rights »

[ 16 Jan 2014 | One Comment ]
Prohibiting positive action – clarification, but little practical impact

By Julie Taylor
The Equality and Diversity (Reform) Bill is currently making its way through Parliament. The private members’ bill will prohibit the use of affirmative and positive action in recruitment and appointment processes.
It is due to have its second reading in the House of Commons on 28 February 2014. The full text is not yet available, but the intention appears to be to repeal s 159 of the Equality Act 2010 and remove positive action provisions in this regard.
S 159 was brought into force in April 2011 and this introduction …