Connection of employment with Great Britain
Major update and review of Connection of employment with Great Britain, including later cases, and updated for Brexit.
Status of University of Law
Added 2020 decision by the Court of Appeal in Nwabueze v University of Law Ltd. The court held that a student could not claim against the University of Law in the employment tribunal, because its status as a university meant it was not a “qualifications body”. Being a university, it could not be a qualifications body for just part of its activities. More on this area: Professional exam bodies>Universities.
Examples of jobs
- Stammering helps me empathise with patients (stamma.org) – nursing team leader
- Learning to love my voice (stamma.org) – trainee speech and language therapist
- Run towards the thing that scares you (stamma.org) – aspiring actor.
Changes to third-party harassment
A Bill before Parliament would make it easier for workers to claim for harassment by customers or clients. The Worker Protection (Amendment of Equality Act 2010) Bill is a private member’s bill but supported by the government. More Changes to third-party harassment.
Bill of Rights Bill being revived
The government has put to Parliament important changes to human rights legislation. Page updated to reflect the fact that the proposed Bill, shelved in September 2022, is now being revived: Bill of Rights Bill: being revived.
(More important for disability discrimination under the Equality Act, I think, are the proposed changes in the Retained EU Law Bill (‘Brexit Freedoms Bill’).)
Assessments and interviews
Various pages on interviews, oral assessments and professional exams reviewed:
- On reasonable adjustments in job interviews, added a section on tailored information for the interview panel about the specific individual’s stammer: Examples of reasonable adjustments: Recruitment>Information about the individual’s stammer.
- Professional exam bodies reviewed, including particularly Seeking OSCE adjustments and new sections Universities>Example and Universities>Competence standards if both university and professional exam body involved. Also Michalak case (possibility of judicial review did not exclude jurisdiction of employment tribunal) added in Disputes.
- Oral assessments in recruitment reviewed, including particularly Caution: Case outcomes have not been not positive so far and Allowing for other inaccuracies in assessment.
- Recruitment: Should I tell the employer I stammer? reviewed.
Victimisation and s.15 EqA
S.15 EqA could be an additional or alternate claim to victimisation, particularly if an employer etc argues that there is no victimisation claim because the complaint of discrimination was made in such an objectionable manner, and this manner was due to the disability. To cover this I’ve added Victimisation>Additional/alternative claim under s.15 EqA?
Who is liable?
Who is liable under the Equality Act expanded with:
- more on “Helping” to breach the EqA (s.112), including two House of Lords decisions from 2001, and
- on within the section on instructing or inducing breaches, new sub-heading S.111(7): relationship between inducer and inducee.
Previous updates Website updates September to October 2022.