In our blog ‘Defending unlawful discrimination claims: Beware!’ we noted that the Employment Appeal Tribunal had suggested that the rules on burden of proof under the Equality Act 2010 ought to differ from those under the predecessor legislation given the difference in wording.
In our recent blog we looked at employment status and the legal issues arising. This is a key issue for our law and society. Who is entitled to paid holidays? Who gets the benefit of rest breaks? To whom should the minimum wage be paid? What about unfair dismissal and the right not to be unlawfully discriminated against?
Sexual harassment at work has become an extremely topical issue. Yesterday I was asked to speak on the BBC Radio Scotland “Call Kay” phone in and provide a legal perspective to the discussion. It is clear that identifying the bounds of acceptability within the workplace is not an easy matter on which to find consensus. Clearly there is a spectrum of behaviour and differing views as to acceptable conduct.
In the case of Ham v Governing Body of Beardwood Humanities College, Ms Ham was employed as Head of Science, and then Director of Science, from 1994 until her dismissal in May 2011. She was dismissed due to misconduct following an investigation.