Weekly Issue 483

Labour & European Law Review 17 August 2016

Sexual harassment rife at work

According to figures published last week by the TUC, 52 per cent of all women and nearly two thirds of women between the ages of 18 and 24 have experienced sexual harassment at work.

SOSR dismissals

The Acas Code of Practice on Disciplinary and Grievance Procedures applies to all dismissals except redundancy dismissals or the non-renewal of fixed term contracts on their expiry. In Phoenix House Ltd v Stockman and anor, the Employment Appeal Tribunal (EAT) held that, in addition, it does not cover dismissals for “some other substantial reason” (SOSR) although elements of the Code can be applied to them.

Unconscious or subconscious

Direct sex discrimination occurs when an employer treats a woman less favourably than a man because of her sex (or vice versa). In Geller and Geller v Yeshurun Hebrew Congregation, the Employment Appeal Tribunal (EAT) held that tribunals must bear in mind that employers can directly discriminate against someone because of their sex unconsciously or subconsciously, as well as consciously.