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View the related checklists about Discrimination

Drafting checklist for claim or response—unfair dismissal: redundancy

Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...

Key provisions in a consultancy agreement—checklist

Key provisions in a consultancy agreement—checklist This Checklist sets out the key provisions to consider in a consultancy agreement. This Checklist highlights issues which are relevant to the customer, issues which are relevant to the consultant and issues which are relevant to both parties for inclusion in a consultancy agreement. This Checklist will assist both the consultant and the customer when reviewing and negotiating a consultancy agreement. See also: Taking instructions for a consultancy agreement—checklist. For Precedent consultancy agreements, see: • Consultancy agreement—company and individual—pro-client • Consultancy agreement—company and company—pro-client • Consultancy agreement—individual and company—pro-consultant • Consultancy agreement—company and company—pro-consultancy • Consultancy agreement—company and individual—pro-client (short form) • Side letter to consultancy agreement—company and company—pro-client For further related guidance, see: Consultancy services—overview and Practice Notes: • Managed service companies and the anti-avoidance legislation • Deciding appropriate employment status • Personal service companies—the key benefits and key tax considerations • Securing intellectual property rights from employees and contractors • IR35—the large and public client off-payroll regime—practical considerations for the end client...

View the related flowcharts about Discrimination

Data protection impact assessments—flowchart

Data protection impact assessments—flowchart This flowchart illustrates how to establish whether or not you need to conduct a data protection impact assessment (DPIA) in relation to a particular project, and how to conduct one if it is required. See also Precedents: Data protection impact assessment—DPIA and Data protection impact assessment—DPIA—short form, which is based on a template issued by the Information Commissioner’s Office (ICO). The ICO’s Data Protection Impact Assessments guidance sets out seven steps to conducting a DPIA, whereas the ICO’s Data protection impact assessments guidance sets out a nine-stage process, as shown above. The two processes are broadly the same but the latter is more intuitive and is adopted in this flowchart. Note 1: Identify the need for a DPIA If you have a data protection officer (DPO), ask them for advice. For further information, see Practice Note: How to complete a data protection impact assessment—DPIA—Who should conduct the DPIA? A DPIA is compulsory in the case of: • a systematic and extensive evaluation of personal aspects...

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Age discrimination for pension lawyers

Age discrimination—the statutory frameworkStatutory provisions prohibiting age discrimination were first introduced into UK law in 2006 as a result of developments in European law, in particular the Archived Directive 2000/78/EC (Archived Equal Treatment Framework Directive) (as it had effect immediately before IP completion day (ie 11 pm on 31 December 2020)). While the Archived Equal Treatment Framework Directive (like other EU directives) has been implemented into UK domestic law, the directive itself does not form part of domestic law (not even as assimilated law).The UK provisions introduced in 2006 to reflect the Archived Equal Treatment Framework Directive and other European law applied in relation to employment generally and not just in relation to pension schemes.The statutory framework is now contained in the Equality Act 2010 (EqA 2010) and (for pension schemes) the Equality Act (Age Exceptions for Pension Schemes) Order 2010, SI 2010/2133 (the Age Exceptions Order), which replaced the previous regime with effect from 1 October 2010 without making significant alterations. This means that where schemes were amended or...

Fixed-term workers—discrimination issues relating to pensions

This Practice Note contains references to case law of the Court of Justice of the European Union. For guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law — Assimilated case law.Legislative frameworkIn broad terms, workers employed under fixed-term contracts are protected against:•treatment which is less favourable than that given to workers employed under contracts of indefinite duration, and•abuse arising from a succession of fixed term contractsThe source of that statutory protection is the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, SI 2002/2034 (the Fixed-term Regulations).The Fixed-term Regulations came into force on 1 October 2002 to give effect under domestic law to the provisions of the Archived Fixed-term Work Directive 1999 (as it had effect immediately before IP completion day). While the Fixed-term Regulations form part of domestic law, the directive itself does not. The directive was made to give legal effect in the EU to a framework agreement reached by representatives of employers and workers, which was annexed to the directive. The...

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Letter of instruction to single joint expert—employment tribunal proceedings

Letter of instruction to single joint expert—employment tribunal proceedings Private & confidential [Insert name and address of expert] [Insert date] Dear [insert name of expert] [Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345] Instruction to act as single joint expert Thank you for agreeing to act as the expert witness in this matter. As you know you will be acting as a single joint expert. We act for [insert name of client] who is [bringing OR defending OR an employment tribunal claim against [insert name of opposing party/parties]. This letter has been countersigned by the solicitors acting on behalf of [insert name of opposing party/parties] to confirm their agreement to the terms of this letter. The aim of this letter is to provide you with the relevant factual background, key documents and to identify the issues you will need to consider. As an expert witness you will be aware of the need for you to comply with certain duties and ensure...

Application—amendment to claim or response

Application—amendment to claim or response [Insert date] [Insert] Employment Tribunal [insert address] To the [insert] Employment Tribunal [Insert case name] Case No: [Insert case number] Application under Rule 31(1) to amend the [Claim OR Response] We act for the [ Claimant OR Respondent] in the above matter. We wish to apply pursuant to Rule 31(1) for an order that we be permitted to amend the [Claim OR Response] in the form of the attached draft, as follows: [insert details, eg to include an additional paragraph 10A to read ‘The Claimant also contends that her dismissal amounts to direct sex discrimination under sections 13 and 39 of the Equality Act 2010’.] [We request that a hearing is listed to consider the details of this application. OR We request that this application is determined on the basis of written representations only so as to avoid the need for the parties to attend a hearing and incur the additional associated costs.] Our reasons for applying for...

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What employment law issues should be on an employer's radar with the looming cost of living crisis?

What employment law issues should be on an employer's radar with the looming cost of living crisis? The cost of living crisis gives rise to a number of different employment law issues, which may include: Salary and benefits package • does everyone know what is available? • consider pension contributions • consider salary sacrifice schemes eg cycle to work, healthcare, childcare • is the package doing enough for those most in need? Identify the most vulnerable • consider the use of pay rises or one-off payments • ensure pay outcomes and processes are fair • across the board pay rises may not be the answer in the current climate, as high rates of inflation hit lowest-paid workers hardest • if pay rises are targeted at certain groups, consider risk of discrimination issues • consider effect on Universal Credit/other benefits for lower-paid staff Recruitment and retention • more difficult to recruit and retain staff in competitive market or where pay is constrained, eg public sector Communication and engagement • make sure...

If an employee claims discrimination on grounds that she has exercised the right to claim maternity leave, can she claim in respect of acts that occurred after the maternity leave period had ended, or does the definition of ‘protected period’ apply so as to rule this out?

If an employee claims discrimination on grounds that she has exercised the right to claim maternity leave, can she claim in respect of acts that occurred after the maternity leave period had ended, or does the definition of ‘protected period’ apply so as to rule this out? The ‘protected period’ concept does not apply to claims of discrimination on grounds of having taken maternity leave (as opposed to discrimination on grounds or pregnancy or pregnancy-related illness), so such a claim could be pursued, in principle. Under section 18(4) of the Equality Act 2010 (EqA 2010), a person (A) discriminates against a woman if A treats her unfavourably because she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave (maternity discrimination). Under EqA 2010, s 18(2), A discriminates against a woman if, in the protected period (emphasis added) in relation to a pregnancy of hers, A treats her unfavourably because of either: • the pregnancy, or • illness...

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SMF blog questions Labour’s omission of hiring test

Jonathan Thomas, Senior Fellow at the Social Market Foundation (SMF) has highlighted in a blog the government’s continued omission of the Resident Labour Market Test (RLMT) from its post-Brexit labour immigration framework, despite its alignment with the Labour administration’s stated aim to reduce reliance on overseas workers. Thomas, a migration expert atSMF, notes that although the government’s White Paper confirms tighter eligibility for overseas workers, it stops short of reinstating the RLMT—which previously required employers to advertise locally before hiring abroad. The blog observes that the RLMT’s absence risks undermining the government’s narrative that immigration should supplement, not supplant, the domestic workforce. Without it, the Immigration Skills Charge (ISC)—a levy on employers hiring from abroad to fund local training—lacks a crucial complementary mechanism that would evidence employers’ efforts to hire locally first. While its removal was initially welcomed by employers as a reduction in bureaucracy, legal ambiguity around prioritising local candidates has created new concerns. Thomas remarks that employers now fear potential discrimination claims if they give preference to UK...

Public Law weekly highlights—19 June 2025

This week's edition of Public Law weekly highlights includes: Lord Reed delivers a significant ‘institutionalist’ speech on trust in the courts in a populist age, and UK-EU political agreement on Gibraltar establishing a customs union between the EU and Gibraltar, alongside criticism of the treaty scrutiny process in Parliament, with Dame Emily Thornberry calling it “rubbish” during a Commons debate. Also in this edition, a major speech from Lord Chancellor Shabana Mahmood about the ECHR. Case law updates include the Administrative Court’s dismissal of judicial review claims against VAT on private school fees, finding the Finance Act 2025 changes justified in human rights law terms, and the High Court’s rejection of an injunction sought against protestors who opposed the EHRC’s stance following the Supreme Court’s ruling in For Women Scotland Ltd v Scottish Ministers, with the court finding no imminent risk of trespass. This edition features further updates on Brexit highlights, Brexit SIs, Post-Brexit guidance, Constitutional and administrative law, Judicial review, Equality and human rights, State security and intelligence, Information...

View the latest UK Parliament Acts documents on Discrimination

Equality Act 2010 (2010 c 15)

2010 CHAPTER 15An Act to make provision to require Ministers of the Crown and others 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 and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; to amend the law relating to rights and responsibilities in family relationships; and for connected purposes.[8 April 2010]BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present...