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

UK: No privilege for advice on how to “cloak” dismissal on basis of discrimination as dismissal for redundancy

The Employment Appeal Tribunal in X v Y Ltd has ruled that an email containing advice from an in-house lawyer was not protected by privilege due to the “iniquity principle”, as there was a strong prima facie case that it advised on … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Redundancy, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: employees protected against victimisation, despite ulterior motive for alleging discrimination, if acted honestly

The EAT in Saad v Southampton University Hospitals NHS Trust has held that an employee was able to claim victimisation where subjected to detriment for alleging discrimination even though the allegation was made for an ulterior motive (to deflect criticism … Continue reading

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

UK: parliamentary committee inquiry into enforcement of the Equality Act; report into age discrimination

The House of Commons Women and Equalities Committee has launched an inquiry into the enforcement of the Equality Act 2010 and the effectiveness of the EHRC, with submissions sought by 5 October 2018. Lack of enforcement was one of the … Continue reading

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

UK: parliamentary committee recommends reforms for gender pay gap reporting

On 2 August 2018 the House of Commons’ Business, Energy and Industrial Strategy Committee published a report on the gender pay gap reporting obligation introduced from April 2017. The report notes that the national median gender pay gap is 18.4%, … Continue reading

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

UK: guidance for employers on actions to close the gender pay gap

On 1 August 2018 the Government Equalities Office (GEO) confirmed that 100% of employers covered by the new gender pay gap reporting obligation have now published their first report (disclosing data as at April 2017). The Equalities and Human Rights … Continue reading

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

UK: revised corporate governance code

The FRC has published a new version of the UK Corporate Governance Code applicable to accounting periods beginning on or after 1 January 2019. The changes include a requirement to have a board-monitored whistleblowing mechanism and a mechanism for workforce … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Remuneration (including bonus and incentive plans), Whistleblowing, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: consultation on transgender law

The Government Equalities Office is consulting until 19 October on its proposals to reform the Gender Recognition Act 2004 and make it easier for a trans person to obtain a gender recognition certificate. The consultation also considers issues for non-binary … Continue reading

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

UK: no new caste law

The Government Equalities Office has published its response to a consultation on how best to address caste discrimination in Britain, concluding that this is best dealt with by case law and that it will remove the Equality Act obligation to … Continue reading

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

UK: parliamentary committee proposes reforms to laws on sexual harassment in the workplace

The House of Commons Women and Equalities Committee has published its report on sexual harassment at work, including the following recommendations: a mandatory duty on employers to protect workers from harassment and victimisation, supported by a statutory code of practice … Continue reading

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

UK: Diversity Developments – presentation of pay gap data, proposals on parental leave and dress code guidance

The Government Equalities Office has published the findings of a commissioned study (here) concluding that the clearest and most accessible way of presenting gender pay gap figures is to display them visually as coins or as the amount which women … Continue reading

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