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I was reading a very interesting article by Darren Newman in Employers’ Law magazine on why, although the Equality Act 2010 is widely proclaimed as prohibiting discrimination by perception, the question of what exactly the employer must perceive for someone to bring a successful discrimination claim is yet unanswered. I thought I would share some of it with you as you may find it interesting…….

‘Direct discrimination is less favourable treatment “because of a protected characteristic.” The key point is that “a” protected characteristic does not have to be the claimant’s characteristic. So, if an employer discriminates against an employee on discovering that the employee’s wife is a Catholic, that would amount to discrimination because of the protected characteristic of religion. This is what we mean as discrimination by association.

‘Similarly, if it turned out that the employer discriminated because it mistakenly thought that the employee was a Catholic, that would also be less favourable treatment because of the protected characteristic of religion. This time we could label it discrimination based on perception. In both cases however, the claim is simply one of direct discrimination.

‘Prior to the introduction of the Equality Act 2010, it was perfectly possible to bring a claim for race, sexual orientation or religion or belief discrimination where the discriminator was acting either on the basis of someone else’s characteristics or on the basis of perception. However the age discrimination, sex discrimination and disability discrimination legislation was phrased differently and required the discrimination to be on the grounds of the claimant’s age, sex or disability………In the realm of disability in particular, discrimination based on perception raises some serious difficulties. On one level, discrimination based on perception seems straightforward. If an employee tells his employer that he has HIV and is dismissed, that will still be discrimination even if it turns out that the employee was misdiagnosed. HIV is deemed to be a disability and the employer has dismissed the employee because of the protected characteristic of disability even if it transpires that the employee does not have HIV.

‘That scenario is straightforward because there can be no argument about HIV being a disability. But what about where the existence of a disability is less clear cut? Must the employer have in mind the definition of disability set out in s.6 of the Equality Act 2010? If it avoids employing a job applicant who walks with a limp, will that amount to discrimination only if the employer believes that the limp will last for a year or more and have a substantial adverse effect on his or her ability to carry out day-to-day activities? In most cases where discrimination based on perception could arise, it is unlikely that the employer’s reasoning will be so sophisticated.

‘Perhaps it will be enough for the employer to be acting on a general impression of disability and there will be no need to show that it addressed its mind to the legal definition. The fact is that the Equality Act 2010 does not clearly explain what sort of perception is needed. There is a limit to how much the single word “a” can convey.’

This article certainly raises some interesting issues, particularly for employers as things aren’t always so clear when it comes to the Equality Act, despite the fact that it aims to make things simpler when it comes to establishing what is or isn’t discrimination.

Welcome to the weekly Vacancy Bulletin from Equal Approach.

Equal Approach is a specialist diversity recruitment provider with a strong focus on attracting candidates from a diverse background. Each week we will be providing a list of our latest positions. If you are interested in knowing more about the role, follow the link to our website. Alternatively, please feel free to call the consultant responsible for the vacancy.

Equal Approach will make a donation to those diverse organisations that assist us with promoting vacancies which result in a successful placement. Please ensure you advise us where you heard of the vacancy so that we may do this.

This is the last Vacancy Bulletin we will be sending you in 2010, so we would like to take this opportunity to wish you a very Merry Christmas and a Happy New Year!

Job Title: Commercial Litigation Support Lawyer      Industry Sector: Legal

Location: Birmingham       Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1200

Job Title: Commercial Solicitor      Industry Sector: Legal

Location: Nottingham      Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1199

Job Title: Recruitment Consultant – Technical      Industry Sector: Recruitment

Location: Leicester      Salary: £18,000 – £28,000 + commission

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1182

Job Title: Associate/Salaried Partner – Clinical Negligence      Industry Sector: Legal

Location: Basingstoke      Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1204

Job Title: ACCA Trainee – Pensions Audit      Industry Sector: Financial

Location: Southampton      Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1184

Job Title: Executive, Valuations      Industry Sector: Financial

Location: London     Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1185

Job Title: Chemotherapy Home IV Nurse     Industry Sector: Healthcare

Location: Glasgow     Salary: £26,650 – £29,750

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1179

Job Title: Solicitor/Team Manager – Wills, Family & Wealth     Industry Sector: Legal

Location: Northampton     Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1203

Job Title: Commercial Litigation Associate/Salaried Partner    Industry Sector: Legal

Location: Milton Keynes     Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1201

Job Title: Opex Manager   Industry Sector: I.T/Financial

Location: City of London     Salary: £45,000 – £55,000 + car allowance + benefits

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1176

Job Title: Speech and Language Therapy Clinical Specialist   Industry Sector: Healthcare

Location: London     Salary: £44,500 – £50,000

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1167

Job Title: Clinical Best Practice Lead Nurse   Industry Sector: Healthcare

Location: Nationwide     Salary: £30,000 – £35,000

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1153

Job Title: Associate (Level 2-3) – Contentious and Commercial – Intellectual Property 

Industry Sector: Healthcare

Location: Manchester     Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1195

Job Title: Managing Associate – Corporate Division  Industry Sector: Legal

Location: London    Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1192

Job Title: Solutions Architect  Industry Sector: IT

Location: London    Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1188

Job Title: Professional Risk and Compliance Lawyer  Industry Sector: Legal

Location: London    Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1193

Job Title: Integration Business Analyst  Industry Sector: Banking

Location: London    Salary: £45,000 – £53,000 + £,3550 LTA

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1177

Job Title: Business Development Coordinator – Advisory – Sales and MI 

Industry Sector: Financial

Location: London    Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1187

Job Title: Account Manager  Industry Sector: Healthcare

Location: South East London    Salary: £45,000 – £50,000

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1196

Job Title: Tax Team Assistant – Human Capital  Industry Sector: Financial

Location: London    Salary: £Negotiable

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1186

Job Title: Project Manager – Customer Data Management Industry Sector: Banking

Location: London    Salary: £70,000 + £3,550 LTA + £4,590 car allowance

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1181

Job Title: Community Hospital to Home Nurse Industry Sector: Healthcare

Location: Kent    Salary: £25,000 + £30,000

For further details, follow this link: http://www.equalapproach.com/remjob.php?id=1197

 

For further information go to www.equalapproach.com or call 0845 600 2229.

To celebrate International Day of the Disabled on 3rd December, Equal Approach arranged a charity raffle to raise funds for a local charity, Disability Solutions, in Hanley near Stoke on Trent.

Several companies including Champneys, Pinks Boutique, Branston Golf & Country Club and Absolute Skincare kindly donated prizes and we set to work selling as many tickets as possible!

We’re delighted to say that we raised £221 in total and Disability Solutions were very grateful for our support. CEO of Disability Solutions Rodger Read said, “Thank you for your generous gift. Your commitment to helping disabled people in our community is appreciated. The goal of Disability Solutions is to continue to make a difference to many people’s lives. With the help of donations from supporters such as you, we will be able to assist many clients in our area.”

Here’s to raising even more money in 2011!

Some of our very happy raffle prize winners!

Welcome to the weekly Vacancy Bulletin from Equal Approach.

Equal Approach is a specialist diversity recruitment provider with a strong focus on attracting candidates from a diverse background. Each week we will be providing a list of our latest positions. If you are interested in knowing more about the role, follow the link to our website. Alternatively, please feel free to call the consultant responsible for the vacancy.

Equal Approach will be making a donation to those diverse organisations that assist us with promoting vacancies which result in a successful placement. Please ensure you advise us where you heard of the vacancy.

Job Title: Financial Services – ACCA Trainee – Pensions Audit   Industry: Financial

Location: Southampton         Salary: Negotiable

Click for more details: http://www.equalapproach.com/remjob.php?id=1184

 

Job Title: Executive, Valuations   Industry: Financial

Location: London         Salary: Negotiable

Click for more details: http://www.equalapproach.com/remjob.php?id=1185

Job Title: Family Liaison Coordinator   Industry: Healthcare

Location: Birmingham         Salary: £28,000 – £30,000

Click for more details: http://www.equalapproach.com/remjob.php?id=1183

Job Title: Solutions Architect   Industry: IT/Financial

Location: London        Salary: Negotiable

Click for more details: http://www.equalapproach.com/remjob.php?id=1188

Job Title: Recruitment Consultant – Technical  Industry: Recruitment

Location: Leicester        Salary: £18,000 – £28,000 + commission

Click for more details: http://www.equalapproach.com/remjob.php?id=1182

Job Title: Integration Business Analyst  Industry: Financial/IT

Location: London        Salary: £45,000 – £53,000 + £3,550 LTA

Click for more details: http://www.equalapproach.com/remjob.php?id=1177

Job Title: Nursing Services Manager  Industry: Healthcare

Location: Scotland, Yorkshire, North East        Salary: £55,000

Click for more details: http://www.equalapproach.com/remjob.php?id=1164

Job Title: Home IV Oncology Nurse  Industry: Healthcare

Location: Taunton       Salary: £26,650 – £29,750

Click for more details: http://www.equalapproach.com/remjob.php?id=1134

For further information go to www.equalapproach.com or call 0845 600 2229.

Equal Approach is featured in the month’s issue of Recruitment International Magazine – one of the leading publications in the recruitment industry.

This month our MD Dawn Milman-Hurst talks about Outsourcing in the recruitment industry, “We currently outsource some of our centralised functions including payroll, as this allows us to place greater focus on service delivery to clients and candidates….”

To read the rest of the article follow this link and go to page 36 of the magazine: http://www.recruitment-international.co.uk/

The Equal Approach team with Andrew Griffiths, MP for Burton and Uttoxeter

Equal Approach is delighted to announce that we have been named as a runner up in the Careers and Leadership category of the RADAR People of the Year Awards 2010, the largest human rights event of its kind in Europe.

The awards ceremony, which took place at London’s Battersea Evolution, and was hosted by the BBC’s Cerrie Burnell, had a number of high profile speakers and presenters including Baronness Tanni Grey-Thompson, Iain Duncan-Smith MP and John Bercow, Speaker of the House of Commons.

The RADAR People of the Year Awards celebrate the incredible people and organisations that have made real strides towards equality, empowerment and inclusion for disabled people in the UK, and the Careers and Leadership award is made to an employer, recruitment agency or other organisation/individual that has worked to enable disabled people to develop their careers. Finalists had to show strong evidence of enabling real career progression for disabled people and/or supporting disabled people to take on key leadership positions. The winner was the Chartered Institute of Housing, with Equal Approach, Lloyds Banking Group and the London Organising Committee of the Olympic and Paralympic Games amongst the runners up.

Other winners on the night included Arsenal FC’s Disability Liaison Team in the Accessibility Provider of the Year category, ‘How to Look Good Naked with a Difference,’ in the Factual Media category, and the Channel 4 series ‘Cast Offs’ in the Fictional Media category.

Dawn Milman-Hurst, Managing Director of Equal Approach said, “We were delighted to be finalists in this prestigious award which recognises our approach to ensuring that disabled professionals are supported to realise their full career potential and compete on a level playing field in any process. There is a huge amount of diverse talent which is not always embraced and our whole ethos is around removing any perceived barriers to achieve equality of opportunity.”

Formed in 1977 as the Royal Association for Disability and Rehabilitation, RADAR is a national organisation run by and working for disabled people. It has a membership of over 800 disability organisations and individuals, and is the UK’s leading pan-disability charity, working to represent the needs and expectations of over 11 million people in the UK.

For further details of Equal Approach and RADAR visit www.equalapproach.com and www.radar.org.uk

Wednesday 17th November 2010 marked the tenth National Everywoman Conference which took place at the Grand Connaught Rooms in London.

The theme of this year’s event was ‘Clarity, Focus and Drive,’ encouraging women in business to take a fresh look at their business, gain renewed inspiration and be guided by other successful business owners. Speakers included Sam Roddick, daughter of Body Shop founder Anita Roddick, who runs her own successful company, Coco de Mer, and Gap International’s Mitzie Hoelscher, and there were Masterclasses by Abi Goldfinch of Lime Creative, Sophie Cornish of notonthehighstreet.com, and Hillary Graves from Little Dish. There was also a Motivational Session by Penny Mallory, the first woman in the world to compete in a World Rally car. 

Interesting and inspiring speakers captivated the audience

 

There were many interesting outcomes from the conference, as well as plenty of opportunity for discussion on topical issues, planning for the future, networking and making new business contacts. Key messages which we took away with us were that mentoring is absolutely vital for encouraging women to maximise their potential in business. We should all ask opinions, take advice, share ideas and set ourselves personal goals, then find people who can help us achieve them!

The quote of the day for us was from Sam Roddick who said, “Where you invest your energy is where you get your return.”

Overall a truly inspiring day and a wonderful opportunity to meet and speak with hundreds of equally inspiring women. We will be looking forward to next year’s event!