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

UK: no direct discrimination in failure to enhance shared parental leave pay to match maternity pay; indirect discrimination claim to be reheard

Many employers who enhance maternity pay have chosen not to mirror this for shared parental leave, pending clarity as to whether this could be direct or indirect sex discrimination. The EAT has now given its first rulings on the issue. … 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

UK: employers should update template termination agreements in light of April tax changes and developments on NDAs

The tax treatment of payments for termination of employment has changed for terminations taking place on or after 6 April (see our earlier blog post here). The effect of the changes is to fully tax as earnings such part of … Continue reading

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

UK: The gender pay gap deadline has passed – what next for employers?

The deadline for larger employers to publish their gender pay gap reports passed on 4 April 2018, with around 1500 employers in default. The Equality and Human Rights Commission published its finalised enforcement strategy at the end of March and … 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)

India: Maharashtra Adopts Model Shop and Establishments Legislation

By way of the Maharashtra Shops and Establishments Act, 2017, the state of Maharashtra has adopted the Central Government’s model legislation intended to increase the ease of doing business and boosting employment opportunities for women. The Act represents significant reform … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: pregnancy discrimination update

The ECJ has confirmed that there is no EU law requirement to give priority to a pregnant worker in the context of collective redundancies.  The prohibition on dismissing workers whilst pregnant or on maternity leave does not apply where there are … 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

UK: Disability discrimination update on ‘pre-cancerous cells’, use of occupational health advice, and long hours culture

Employers should note that an employee may still have cancer for the purposes of protection against disability discrimination even though the medical diagnosis is described as ‘pre-cancer’ or “in situ” non-invasive cancer. In Lofty v Harris (t/a First Café) the … Continue reading

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

UK: EAT rules that clustering of women at low end of a pay grade was insufficient to establish indirect discrimination

The use of length of service as a criterion for pay may indirectly discriminate against women and therefore require objective justification to be lawful (particularly long pay scales are likely to face more of a challenge). However the mere fact that … 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: Sex discrimination – Fawcett Society’s reform proposals

The Fawcett Society has published its Sex Discrimination Law Review, calling for:

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

UK: Disability – employers acting on wrong assumptions about medical conditions risk perceived disability discrimination claims

Employers should take extra care when considering rejecting a job applicant because of a concern that a health condition is likely to deteriorate (even if that view is wrong). The statutory definition of disability includes progressive conditions which have an … Continue reading

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

UK: Gender pay gap reporting – EHRC threatens enforcement action for non-compliance

The 4th April 2018 deadline for publication of employers’ first year of gender pay gap data is looming, yet over 90% of employers covered by the new statutory duty have still not reported. Many may have deliberately chosen to publish … 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)