Parliament’s Women and Equalities Commission has just published an important report relating to tribunal claims for discrimination, and the use by employers of “non disclosure agreements” – NDAs, or confidentiality clauses – to “gag” victims of discrimination and harassment from speaking about their treatment. The report contains many recommendations for the government to consider, and while we do not know whether any of these will be implemented, the report gives a useful insight into the potential direction of travel on these issues.
One of the fundamental principles behind the “limited liability company” is that the company has a legal identity of its own, distinct from its shareholders and directors, and as such the starting point is that only the company can be liable for its lawful actions – the directors and shareholders are protected from liability.
Some of the most challenging HR/employment law issues of the recent years have related to religious discrimination and in particular the question of whether an employee can rely on their religious beliefs as justification for refusing to follow a management instruction or otherwise carry out their job.
One of the key issues when dealing with litigation relating to disability discrimination is the question of the employer’s knowledge of disability – what the employer knew or should have known. We focussed on this in our 2 update sessions earlier this year on disability discrimination and managing ill health in the workplace.