Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Queen’s Speech and Brexit developments

The Queen’s Speech on 21 June 2017 set out the government’s programme for the next two years and was inevitably dominated by Brexit-related legislation. The principal bill will be the European Union (Withdrawal) Bill, subsequently published on 13 July 2017, … Continue reading

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Filed under Data protection and privacy, Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

Asia: Mandatory Employment Policies

HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies … Continue reading

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Filed under Data protection and privacy, Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

UK: Gender Pay Gap – The government’s reporting website so far

Employers currently engaged in preparing their gender pay gap reports may be interested to view the gender pay gap data uploaded onto the government website so far – at the time of writing, twelve employers have done so. Only the … Continue reading

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Filed under Jurisdiction: Germany, Jurisdiction: UK, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Dress codes – Governmental report on female office dress codes

At the end of April the government published its response to the House of Commons Petitions Committee and Women and Equalities Committee joint report on dress codes in the workplace. It rejected any recommendations that would require legislative change, favouring … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Legislation – Employment law reform proposals during the Summer 2017 General Election

The main parties' manifestos for the general election all contained numerous proposed employment law reforms, the Conservatives promising "the greatest expansion in workers' rights by any Conservative government in history" while Labour included a 20 point "plan for security and equality … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Recruitment – employers may need to consider adjustments to psychometric testing or other processes which could disadvantage disabled candidates

Employers should give careful consideration to requests to adjust recruitment processes where a disabled applicant asserts that the particular method chosen puts them at a disadvantage. A lack of flexibility is likely only to be justified if the employer can … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Indirect discrimination – Supreme Court ruling makes it easier for claimants to establish prima facie indirect discrimination

Employers should review whether their policies and practices could be disadvantaging employees with a particular protected characteristic. The Supreme Court has ruled that statistics showing a disparate impact may be enough to get an indirect discrimination claim off the ground; … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: tribunal rules that failure to enhance pay for shared parental leave is sex discrimination

A tribunal has ruled that an employer’s failure to enhance pay for shared parental leave (SPL) to the same level as enhanced maternity pay is direct sex discrimination. Employers who enhance maternity pay but not shared parental pay should be … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

Australia: WHS Discrimination – A Question of Fact

A recent decision of the Victorian Supreme Court of Appeal has considered the ‘prohibition against discrimination’ offence provisions in the Occupational Health and Safety Act 2004 (Vic) (OHSA).   Judicial consideration of these provisions is rare. In the harmonised jurisdictions … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

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 Jurisdiction: Germany, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)