Discrimination and equal pay

Germany: Act to Promote Transparency of Pay Structures (Entgelttransparenzgesetz)

On 30 March 2017 the German Parliament (Bundestag) passed the Act to Promote Transparency of Pay Structures (Entgelttransparenzgesetz). The objective of this act is an achievement of the pay equity between men and women, who perform the same work or … Continue reading

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

UK: Gender pay gap reporting – government website for reporting data now available

The government website on which employers are to report their gender pay gap data has now been made available, here. Employers need to register and activate an account to use the site and will need to request a PIN, which the … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

UK: Gender pay gap reporting – revised final Acas/GEO Guidance published

A revised, final version of the non-statutory guidance by Acas and the Government Equalities Office was published on 3 April 2017, available here.  Although the GEO had indicated that no substantive changes were expected to the original draft published a few days … Continue reading

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

UK: Legislation – consultations on caste discrimination, electronic balloting and reforming the tribunal system

On 28 March the Government Equality Office published its long-awaited consultation on caste discrimination, announced back in September 2016. The consultation will run until 18 July 2017 and seeks views on whether preventing caste discrimination is best done by legislation … Continue reading

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Filed under Discrimination and equal pay, Employment tribunal process, Jurisdiction: UK

UK: Dismissal for long-term sickness – new medical evidence at internal appeal

Employers should ensure they investigate any evidence that a long-term sick employee may soon be able to return to work before deciding to dismiss, even if that evidence is questionable and produced only at a late stage.

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

UK: ECJ rules dress code requiring neutral appearance may be lawful

The European Court of Justice has finally handed down its judgment in two cases involving employees dismissed for wearing an Islamic headscarf at work, Achbita and Bougnaiou.  The Advocate-General opinions in the cases took very different approaches as to whether … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK

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