Spring 2010 Newsletter
Content
Leading article...
We can't go on like this...
General tax...
The name is Bond
Blessed are the givers
Excuses, excuses
PAYE the penalty
Silver and gold
Moving goalposts
Doctor, doctor...
Something phishy
Pension problems
Tax dot com
Unpleasant discoveries
Fair's fair (at last)
Chartered taxpayers
This year, next year
VAT...
Focus your mind
Flat rates aren't flat
Reverse the charges
Flapjack flash
Ready set ECSL
A lofty idea
Law items...
I want my lawyer
Not on my holiday
A grey area
No difference
| No difference
From the boss's point of view, employing people can be a minefield - they have so many rights. The workers may see it differently if they need the protection of the law. One area in which European law continues to expand worker protection is non-discrimination. Everyone has a right to be treated equally, regardless of race, gender, religion or disability.
In a recent case, a woman claimed that she was discriminated against by her employer - a law firm - because she had a disabled child. The firm argued that the law didn't apply, but the European Court and the Employment Appeals Tribunal have agreed that it does - an employee should be protected from "discrimination by association" if they are connected with a disabled person, even if they are not disabled themselves.
That doesn't necessarily mean that the employee will win when they argue about the facts. She will still have to prove that the firm treated her differently from someone who had to care for a non-disabled child. If the employer can show that it would have applied the same treatment to anyone taking time off to look after someone else, regardless of the background of that person, then the claim for discrimination will probably fail.
It's all about being fair to everyone - but it's often hard to see how to achieve that. |
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