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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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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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