Presentation on theme: "ABERDEEN EDINBURGH GLASGOW BRUSSELS www.brodies.com CIPD Annual Conference 2015 Employment Law and Diversity Tony Hadden, Partner."— Presentation transcript:
ABERDEEN EDINBURGH GLASGOW BRUSSELS CIPD Annual Conference 2015 Employment Law and Diversity Tony Hadden, Partner
Not a technical talk about discrimination law – this is social policy…… “An Act to…require Ministers…when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities… to reform and harmonise equality law…. to increase equality of opportunity…. to amend the law relating to rights and responsibilities in family relationships… Equality Act 2010
A wee experiment….. The Brodies man.....
Employment law areas of influence
Individuals Prohibition of discrimination in the workplace is now contained in the Equality Act Discrimination is always based on a “Protected Characteristic” – usually the victim’s (except when it’s not).
Individuals – the protected characteristics Age Race Sex Disability Religion or belief Sexual orientation Gender re-assignment Marriage/civil partnerships Pregnancy/maternity
Individuals – Types of Discrimination Direct discrimination Indirect discrimination Discrimination by association Victimisation Harassment Third party harassment Disability-specific
Institutions - Equal Pay Equal treatment in T&Cs of employment contract if employed to do: –‘like work’ i.e. the same/broadly similar –work rated as equivalent under job evaluation study –work of equal value (skill, effort or decision making) Covers all aspects of pay and benefits e.g. overtime, bonus & pension Defence – difference due to ‘material factor’ Equal pay audits
Institutions – Latest Family-Friendly Rights Shared Parental leave: –babies due on or after 5 April 2015 –can share 50 weeks’ leave (taken together or at different times) –can take leave in 3 blocks –can request discontinuous leave –can take 37 weeks’ shared parental pay – same as SMP except first 6 weeks –20 SPLIT days per parent Right to unpaid time off to accompany women to ante-natal appointments: –2 appointments –max 6 ½ hours per appointment
Macro-Policy – focussed on gender issues Women make up: –22.8% of FTSE 100 boards –17.4% of FTSE 250 boards Scottish Government proposal to introduce 40% quota for public boards Smith Commission has proposed devolution of power to introduce gender quotas in public bodies Existing public sector duties etc