Introduction

With all the political shenanigans over the last couple of months, it is easy to forget that not everything has changed. If matters proceed as planned the Equalities Act 2010 will come into force this October. Though there is currently some discussion as to whether the new Government will go through with all or any of the Act, it is always good to be prepared.

When the Greater Manchester Police dismissed him, police trainer Alan Power claimed that they had discriminated against him because of his belief that psychics could help to solve criminal investigations. At an initial hearing, it was decided that spirituality could be seen as a faith and therefore amount to a religious belief, because it has “sufficient cogency, seriousness, cohesion and importance to fall into the category of a philosophical belief” for the purposes of the regulations.

The Court of Appeal has confirmed that an employee may have the right to legal representation at a disciplinary hearing where the hearing could result in them being prohibited from practising their profession. This is based on the right to a fair trial under Article 6 of the European Convention of Human Rights (R (on the application of G) v X School and others).

Currently, discrimination law protects against less favourable treatment on the grounds of characteristics such as sex, age, race, religion, or disability. There is no effective remedy, however, for an individual subjected to “multiple discrimination”.

The EAT has clarified its ruling on the case of O’Neill v Buckinghamshire County Council to explain that an employer is not under a general obligation to carry out a risk assessment for a pregnant employee, but must do so if certain circumstances exist.

From 6 April this year, UK employers will no longer be presented with the traditional sick note setting out the reason for an employee’s absence. Instead, GPs will produce “fit notes” which will focus on the work that an ill person is able to do, rather than what they are unable to do. The GP may provide additional comments on the patient’s state, including on the functional effects of the patient’s condition.

The Agency Workers Regulations were published by the Government last month with the intention that they will come into force on 1st October 2011. Although the final outcome is dependent on the result of the forthcoming Election, the intention is that these will provide all Agency Workers with the right to equal treatment with their directly recruited colleagues after 12 weeks in a given job.