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

UK: New Resources

New presidential guidance has been issued in relation to how employment tribunals should calculate pensions loss and awards for injury to feelings in discrimination cases, available here. There are three bands for injury to feelings, with a usual minimum of … Continue reading

Leave a Comment

Filed under Employment-related claims- procedure and form, 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

UK: Pay gap reporting – EHRC recommendations and HSF review of gender pay gap reports published so far

The Equality and Human Rights Commission has recently published research into gender, ethnicity and disability pay gaps, along with a strategy for reducing those gaps, available here. The strategy’s recommendations include Government legislation to make the right to request flexible … Continue reading

Leave a Comment

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

UK: Discrimination – burden of proof ruling highlights need for employers to present positive case

In Efobi v Royal Mail the EAT has ruled that it is not incumbent on the claimant in a discrimination claim to prove a prima facie case: it is for the tribunal at the end of the hearing to consider … Continue reading

Leave a Comment

Filed under Employment-related claims- procedure and form, Jurisdiction: UK, 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

Leave a Comment

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

1 Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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