Labour & European Law Review
10 February 2016
According to research published by the TUC, black workers with degrees earn almost a quarter (23.1 per cent) less than white workers with degrees on average. The analysis of official statistics showed that a black worker with a degree earns £14.33 an hour, on average. However, white graduates typically earn £18.63 an hour – £4.33 more.
Section 20 of the Equality Act states that employers have a duty to make reasonable adjustments if a disabled person is placed at a substantial disadvantage compared with an able bodied comparator. In Griffiths v Secretary of State for Work and Pensions the Court of Appeal held that if an employee’s disability means they are more likely to be absent from work than able-bodied colleagues, the duty is likely to be engaged.
Although an instruction not to speak a foreign language can amount to direct discrimination and/or harassment, the Employment Appeal Tribunal (EAT) held in Kelly v Covance Laboratories Ltd that the employer would have given the same instruction to any other employee about whom they had concerns or suspicions.