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13 April 2007
Issue: 7268 / Categories: Legal News , Discrimination , Human rights , Employment
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Dispute procedures victimise employees

Workplace dispute resolution procedures designed to protect sufferers of religious and sexual orientation-related abuse tend to victimise them even further, and usually result in their dismissal or demotion, research shows.

Surveys undertaken by the Institute for Employment Studies (IES) and ACAS, published last week, show that dispute resolution procedures often aggravate the experience of discrimination rather than resolve it.

The IES research found that a major complaint among claimants was the tendency of employers to respond to their complaint by seeing them as the problem, rather than the victim of unfair treatment.

The research tracked the progress of the employment equality regulations on sexual orientation and religion or belief, which became law in 2003.

Participants in the ACAS study, which covered 470 sexual orientation and 461 religion or belief cases, said employment tribunals were a valuable way for their claims of ill treatment to receive an objective hearing. This was felt to be more important than obtaining compensation.

The research also found that different groups faced different kinds of discrimination, with sexual orientation

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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