Prohibited conduct protection at work

This topic examines the provisions of the Equality Act 2010 (EqA 2010) which relate to protection from discrimination, harassment and victimisation at work. It contains the following Practice Notes:

Employment events which give rise to discrimination, harassment and victimisation claims

Many different types of event may give rise to a claim before, during and after the employment relationship.

EqA 2010 recognises a wide set of circumstances as employment. 'Employment' in this context covers employment under a contract of employment, a contract of apprenticeship, or any other contract personally to do work, crown employment, employment as a relevant member of the House of Commons staff and employment as a relevant member of the House of Lords staff.

EqA 2010 also sets out various ways in which employers must not discriminate, victimise or harass. Each of these prohibitions relates to some aspect of a specific type of event which occurs in the course of employment relationships. It is important to understand that the use of the word 'discriminate' in this context refers to multiple different types of conduct which are prohibited under EqA 2010 (ie to multiple

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Employment News

Ex-University employee gets second shot at harassment case over accent

Law360: A Brazilian marketing manager has successfully appealed an Employment Tribunal (ET) decision that an English university did not harass her by making comments about her accent, after the Employment Appeal Tribunal (EAT) ruled that the wrong legal test had been used to dismiss the claim.

Home Office intensifies crackdown on illegal working and immigration offences

The Home Office has reported a significant increase in enforcement actions against illegal working, with arrests rising by 25% and visits up by 34% since July 2024. Operation Tornado, targeting nail bars and convenience stores, resulted in 154 arrests and potential civil penalties of up to £4m. The government has redirected resources from the now-closed Rwanda deportation scheme to focus on returning individuals with no right to remain in the UK, contributing to nearly 10,000 returns since the general election. Additionally, the Home Secretary has signed a joint statement with Iraq to combat people smuggling, and the government has committed £150m over two years to tackle organised immigration crime. These measures form part of a broader strategy to reduce net migration, enhance border security, and reform the asylum system.

EHRC secures legal agreement with Welsh Rugby Union to address workplace discrimination

The Equality and Human Rights Commission (EHRC) has entered into a legally binding agreement with the Welsh Rugby Union (WRU) to tackle concerns over workplace discrimination and harassment. This action follows an independent review that uncovered a 'toxic' workplace culture within the WRU, including instances of sexism, racism, and homophobia. The agreement mandates several key actions, including compulsory equality, diversity, and inclusion training for all staff and leadership, a review of corporate policies, implementation of a standardised system for recording discrimination complaints, and a reassessment of the use of non-disclosure agreements. The EHRC will oversee the WRU's compliance with these commitments over the next year, aiming to foster a more inclusive and protective work environment within Wales's national sporting body.

Prime Minister announces White Paper on reducing immigration

In a speech on 28 November 2024, Prime Minister Keir Starmer addressed the state of immigration in the UK, further to the release of revised estimates from the Office of National Statistics which revealed that nearly one million people entered Britain in the year ending June 2023—a fourfold increase from 2019 levels. Starmer announced forthcoming measures to reduce immigration, including the imminent publication of a White Paper, reforms to the points-based system, and new expectations for visa applications regarding training of domestic workers. The Prime Minister also discussed a new security agreement with Iraq, aimed at combating people smuggling and enhancing border security. Additionally, Starmer reported increases in asylum returns (53%) and total returns (34%) over the past year, emphasising the government's commitment to addressing immigration challenges and securing UK borders.