Posts from Hardwicke

Equality deferred: the equality clause fails to correct unequal pay

There has been a lot of discussion recently about the inequality of pay between men and women. After discussing the various controversies, this blog focuses on whether the statutory equality clause mechanism is fit for purpose in addressing the issue of unequal pay. Recognising there is no simple panacea for inequality of pay, it argues … Continue reading Equality deferred: the equality clause fails to correct unequal pay

Balancing the Scales of Justice: discharging the burden of proof in discrimination claims

In relation to unlawful discrimination claims, it had become well established under the old law that there was a two-stage test: The claimant had first to establish the facts from which, in absence of any explanation to the contrary, a tribunal could reasonably conclude that unlawful discrimination had taken place. If that was established, the … Continue reading Balancing the Scales of Justice: discharging the burden of proof in discrimination claims

Direct age discrimination and the provision of permanent health insurance (PHI) following Smith v Gartner and Whitham v Capita: a call for clarification

Does an employer directly discriminate against its employee because of his or her age by ceasing PHI payments prior to the employee reaching the greater of age 65 or their state pension age? The employment tribunal (ET) in Whitham v Capita Insurance Services Ltd ET/2505448/12 answered this question with an emphatic yes. However, the EAT … Continue reading Direct age discrimination and the provision of permanent health insurance (PHI) following Smith v Gartner and Whitham v Capita: a call for clarification

“Do you get all of the service charge?”

Look no further than this press release from BEIS on 1 October 2018 to gauge the government’s enthusiasm for highlighting that it has been thinking about policy and issues other than Brexit over the last couple of years: “The government has announced plans to ensure that tips left for workers will go to them in … Continue reading “Do you get all of the service charge?”