Issue 204 - September 2010
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In September's issue (EOR 204)
Our focus this month is on gender, and three of our case studies look at the efforts of organisations in male-dominated sectors to recruit and retain more women. (...more) Diary: Default retirement age: goodbye and good riddanceThe Coalition Government has announced that the default retirement age is to be abolished from October next year. (...more) Diary: NamesI have been reading the speech given by New York City Mayor Michael Bloomberg on 3 August concerning the controversial proposed mosque and community centre to be built two blocks away from Ground Zero.Diary: PicturesThe Equality and Diversity Forum ran an interesting conference on 19 July on "promoting good relations and preventing conflict."Diary: Israeli Labour Court decisionI mentioned last month that I would write about the interesting decision of Israel's National Labour Court in 2008 on sexual harassment that we were told about on our visit there in June. Chief Judge Steve Adler has kindly provided me with an English translation of his opinion.Diary: Equality Law Reports: call for casesPlans are coming along for the launch of our new publication, Equality Law Reports, at the beginning of October. I am delighted that Katherine Tucker and Sarah George, the co-authors of the Sweet & Maxwell looseleaf Discrimination in Employment, have agreed to edit the reports. The ODA: increasing the number of women working in constructionThe Women into Construction project, established by the Olympic Delivery Authority, provides a framework for the greater inclusion of women in the male-dominated construction industry. Carol Foster examines what it entails. The RAF: a gender recruitment strategyThe Royal Air Force has implemented a gender recruitment strategy to encourage girls to consider careers in science, technology, engineering and maths in order to try and meet the organisation's demands for technically competent personnel. Carol Foster investigates.The ICAEW: accounting for womenThe Institute of Chartered Accountants in England and Wales has introduced measures to stem the loss of women from the accountancy profession. Kate Godwin looks at how the "Narrowing the Gap" programme improves the retention of experienced female professionals.The European Commission's Equality DirectorateThe European Commission's Equality Directorate focuses on tackling discrimination on the six prohibited grounds using a dual approach of "mainstreaming" and adopting specific action. Belinda Pyke describes the Directorate's work. Wragge & Co: positive about disabilityLaw firm Wragge & Co has made diversity one of its key concerns, with a focus on disability and race. Sue Johnstone looks at the initiatives that led to the firm receiving a Disability Excellence Award.How to deal with obesity in the workplaceThis is the first of a series of "How to" guides, explaining the key issues for employers in relation to current difficult areas of discrimination law and practice. We start with a guide from Penny McMillan on employers' responsibilities towards obese employees.Default retirement age to goThe Government has published a consultation document announcing that the national default retirement age (DRA) of 65 is to be abolished next year. Under its proposals, no new retirement notices under the statutory procedure will be valid from 6 April 2011. The DRA itself and the statutory retirement procedures will be abolished on 1 October 2011. (...more) EHRC issues guidanceThe Equality and Human Rights Commission has published a set of non-statutory guidance on the Equality Act 2010. (...more) Court of Appeal upholds mandatory retirement for partnersThe Court of Appeal has held that a rule requiring a partner in a law firm to retire at age 65 was not unlawfully age discriminatory. Seldon v Clarkson Wright & Jakes (CA).Short report: Part-time workersThe Supreme Court has referred O'Brien v Ministry of Justice (28 July 2010) to the European Court of Justice. This is the test case about whether part-time judges, such as those sitting as employment judges and recorders, can use the Part-time Workers Regulations to claim pro rata pension rights to those of full-time judges. Part-time judges have no entitlement to a judicial pension on retirement.Short report: Race discriminationFailure to carry out an equality impact assessment into a reduction in overtime working by security staff at the Palace of Westminster did not amount to a prima facie act of direct race discrimination against a black employee sufficient to shift the burden of proof to the employer by reason that the employee's opportunities for overtime consequently diminished, the EAT has ruled in Commissioner of the Police of the Metropolis v Nonyelu (9 June 2010). £12,000 injury to feelings for dismissal of maternity leave employee An employment tribunal finds that disciplinary proceedings for gross misconduct were instigated against an employee because she had insisted on returning to the same role she held before she went on maternity leave. Doran v Cromwell Garage Limited (ET/1311497/09, 13 Apr 2010)Redundancy as a result of financial crisis was not discriminationA claimant who was made redundant while she was on maternity leave was not dismissed because of her pregnancy. Aitken v International Asset Management Limited (ET/2302358/09, 31 Mar 2010)Management acquiescence in use of lap dancing clubs held to be harassmentAn employer is found liable for direct discrimination, sexual harassment and victimisation where it failed to deal with complaints from a female employee about colleagues' use of and discussion about lap dancing clubs, and discouraged the employee from making a formal complaint about a sexual assault. The tribunal found that the employer did not follow its own equal opportunities policy and made recommendations that it review its policies and training to ensure managers understood their obligations. Furlong v BMC Software Limited (ET/2701283/09, 14 Jun 2010)
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