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Tag Archive

Dealing with Sexual Harassment in the Workplace

The New York Times expose’ concerning American film producer Harvey Weinstein and sexual harassment allegations has sparked important discussions on both sides of ‘The Pond’. 

The social media movement #MeToo has inspired our friends, family, and colleagues to share posts concerning sexual harassment they have experienced in the workplace, unfortunately it seems like one too many women, in all walks of life, have experienced something unpleasant relating to their gender. 

So what lessons can businesses learn when they are faced with allegations of sexual harassment? 

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Are ‘Associate Dentists’ Workers under the Equality Act 2010?

The question of whether ‘Associate Dentists’ are workers under the Employment Rights Act 1996 (ERA) is one that is often put to us as Employment Lawyers and is particularly pertinent when looking at whether discrimination claims can be pursued. 

For those of you who are unfamiliar with the legislation, a worker under the Employment Rights Act 1996 (“ERA”) is defined as someone who has entered into or works under: 

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Pregnancy and discrimination: Nunki Pippin

From a lay objective, when it comes to pregnancy and discrimination, employers always seem to be skirting a fine line with virtually any alteration to the work situation of the relevant pregnant lady.

It can then occasionally be surprising as to what may constitute a ‘detriment’ within the meaning of section 18 of the Equality Act 2010 (EQA).  In the recent case of Metropolitan Police v Keohane,the question was asked as to whether a police dog handler suffered a detriment by having her dog removed from her when she ceased to be operational due to her pregnancy.

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Is caste protected by the Equality Act 2010?

Avid followers of employment law will be aware that under the Equality Act 2010 (EQA) the Secretary of State retains power to make ‘caste’ a protected characteristic for discrimination purposes. However, the government has made it clear that it will not exercise this power until there has been wider public consultation.

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HR and employment law in a dental practice

The inherent difficulties of operating a practice day to day are, of course, substantial. One area that can often be neglected in the pursuit of superior quality standards and patient care is HR and employment law issues.

While this question may present no problems when all is running smoothly on the ‘Good Ship Dental Practice’, there is however a wealth of legal issues potentially lurking beneath the surface for the unprepared practice owner and associate alike. So what can go wrong? 

Well…

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Can ‘cheapness’ be a selection criterion for redundancy?

The answer may well be yes as the recent EAT’s recent decision in HM Land Registry Appellant –v- Mrs S M Benson and Other Respondents UKEAT/0197/11/RN (handed down on 10 February 2012) in respect to age discrimination.

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