Seems that actions do speak louder than words!

legal updates

Under the Equality Act 2010, It is against the law to discriminate against anyone.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

The gestures included winking, limp wrist actions, making the shape of a tea pot and blowing a kiss’.

This was obviously to infer that the gentleman was a homosexual. It was deemed that such actions could be considered discriminatory, as it made the individual in question feel intimidated.

Under the Equality Act 2010, It is against the law to discriminate against anyone because of:

Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The issue here for employers to consider is vicarious liability, as they are responsible for the actions of their employees whilst they are acting in the course of their employment. In this particular situation, the complaint was that a customer returned some locks to local locksmith’s Taylor Edwards, the man serving him, Peter Edwards, blew him a sarcastic kiss after a minor altercation took place. For an extended period of time after, whenever the complainant walked past the shop and Peter Edwards was outside, he made gestures of the above nature, without provocation.

Peter Edwards was on a work break outside the shop at the time of the gesturing however he was still deemed to be acting in the course of his employment, and as such the company was deemed to be vicariously liable, and had to pay to the complainant £7,500 in damages.

It’s important to remember, as an employer, you are responsible for the behaviour your workforce in both words and gestures.

Impression Communications LtdPutting the motive in automotive

Impression works with businesses across the automotive aftermarket supply chain such as parts suppliers, warehouse distributors, motor factors and independent garages. Covering all aspects of automotive aftermarket marketing, including social media, event management, customer newsletters and PR, Impression is able to quickly establish itself within a client’s business and work towards their objectives.

Roxanne BradleyLegal AdvisorRead More by this author

Related Legal Updates

Change management

The consequences of failing to manage workplace change effectively can increase employee resistance and deplete employee engagement.

Can a notice to terminate employment be withdrawn?

An employee’s refusal to agree to treat the notice as ineffective and to continue employment may have serious consequences.

The primary purpose of a contract of apprenticeship is training

If you take on an apprentice it is vital you have an apprenticeship agreement in place which is a contract of service.

Pandemic impact on annual leave entitlement

The change in March 2020 allowed for four weeks of annual leave to be carried over. So, as a reminder, any carried over leave must be used in 2022!

Right to work – adjusted checks extended to 30 September 2022

Job applicants and existing employees can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals.

Changes to pre-employment checks on the right to work in the UK

The current laws regarding pre-employment checks on foreign recruits is due to change from 6 April 2022.

End of COVID-19 restrictions – Employment implications

Until 24 March 2022, Statutory Sick Pay (SSP) will continue to be available to employees who self-isolate.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.