This chapter considers the employment law aspects of discrimination and health and safety. It discusses the meaning of the protected characteristics which were brought together under the Equality Act 2010 and considers prohibited conduct under the Act. It explains the difference between direct and indirect discrimination and when direct discrimination can be justified. The chapter discusses the difference between positive action and positive discrimination and the interaction between protected characteristics and prohibited conduct. It also explains the law relating to harassment and victimization. The chapter concludes with a discussion of the law covering health and safety in the workplace, looking at both criminal law and civil law.
Chapter
14. Discrimination and Health and Safety
Book
Astra Emir
Selwyn’s Law of Employment is regarded as essential reading by law students and practising lawyers, and those studying employment law in a business or professional environment. This edition continues Norman Selwyn’s practical approach to the subject, providing a succinct account of all areas of employment law. Both individual and collective employment law issues are considered, alongside a broad range of UK and EU case law. New to this edition, the text provides coverage of the new IR35 legislation and the new immigration rules as well as an overview of the coronavirus legislation as it relates to employment, such as compulsory vaccination, the furlough scheme and self-isolation. There is also an up-to-date discussion of the gig economy employment status case law, and freedom of expression, and belief.
Chapter
6. The Implied Terms of the Personal Employment Contract
This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section covers the implied terms imposing duties on employees. These include the duty to work and obey instructions and orders; the duty to adapt, exercise care, and co-operate; the duty of mutual trust and confidence; and the duty of loyalty, fidelity, and confidence.
Chapter
11. Health and Safety at Work
This chapter considers the provisions of the Health and Safety at Work, etc Act 1974. It covers the background to the HASAWA, covering both the criminal and civil liability for health and safety. It considers the powers of inspectors, enforcement of the Act, improvement notices and prohibition notices, the burden of proof and appeals; statutory duties on health, safety, and welfare; the impact of European law; burden of proof; the Corporate Manslaughter and Corporate Homicide Act 2007; and compensation for injuries at work. It also looks at a number of health and safety regulations, including the ‘six pack’. Also looked at is the extent of the employer’s duty, and its duty to unborn children, and the limitation period for bringing an action and risk assessments and employers’ duties in relation to Coronavirus.
Chapter
26. Employment rights, and health and safety
This chapter examines the employment rights provided by law to employees and workers. It explains that aside from the rights contained in the employment contract, the law provides employees with a number of free-standing rights. These include the right to a national minimum wage, rules relating to the transfer of undertakings, and the numerous family-related rights (for example, maternity and paternity leave/pay, adoption leave/pay, and shared parental leave/pay. This chapter also discusses the mandate for employers to protect the health and safety of their employees and the key provisions of the Health and Safety at Work etc. Act 1974 and the Working Time Regulations 1998.
