Discrimination and equal pay

UK: independent review recommends employers publish workforce data broken down by race and pay band

The independent Baroness McGregor-Smith Review into race in the workplace was published on 28 February 2017.  It sets out evidence that people from BME backgrounds are still being held back in the workplace and has urged businesses with more than 50 … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Remuneration

Hong Kong: Damages for injury to feelings and exemplary damages

As a general rule, employees bringing a claim for damages against their employer will need to demonstrate that they have suffered financial loss as a result of the alleged wrongdoing. In some cases, however, an employee may also be able … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Asia

UK: Legislative developments – dress codes

The House of Commons Petitions Committee and the Women and Equalities Committee have published a joint report calling for more effective remedies against employers who require female staff to wear high heels at work, and for Acas guidance on dress … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Legislative developments – pregnancy and maternity discrimination

The Government has rejected the idea that pregnancy and maternity cases should have more favourable fee treatment, on the basis that the drop off in those claims was much lower than in other types of discrimination. It has also rejected … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Disability-related discrimination – extra care needed when dismissing for misconduct

Employers should take extra care when disciplining a disabled employee for conduct which could be connected with the disability. In City of York Council v Grosset, the employer found itself guilty of discrimination arising from disability even though it had … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Termination of employment

Australia: Dismissal for criminal convictions – The importance of proper identification of inherent requirements and considering mitigating factors

A recent report by the Australian Human Rights Commission (AHRC) reinforces the risks in dismissing an employee on the basis of past criminal convictions. Employers should exercise caution in dismissing an employee on the basis of their criminal record. It … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Australia, Termination of employment

UK: Acas/GEO publish draft guidance on gender pay gap reporting

On 28 January 2017 Acas and the Government Equalities Office published draft guidance on the new gender pay gap reporting obligation, available here. Although in draft, we understand from the GEO that this is because it pre-dated the Parliamentary approval … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Remuneration

UK: New publications – marriage and civil partnership discrimination, religion in the workplace

The following new employment law-related resources have been published: Acas has published workplace guidance on marriage and civil partnership discrimination. The Equality and Human Rights Commission has published a report on whether the law on religion and belief is working, … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Discrimination – Supreme Court asked to consider ambit of associative discrimination

The Northern Ireland Court of Appeal has ruled that it was direct associative discrimination on the grounds of sexual orientation for a bakery to refuse to supply a cake with a slogan supporting gay marriage.

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Final form regulations on gender pay gap reporting

The Government has published its long-awaited final form draft regulations on gender pay gap reporting. Subject to Parliamentary approval, the new requirements are due to apply to private sector employers with 250 or more employees from 6 April 2017.   A … Continue reading

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Filed under Discrimination and equal pay, Employment law reforms, Jurisdiction: UK