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

UK: new resources on criminal record checks, mental health and dyslexia

Unlock has published new guidance for employers on criminal record checks, to which the ICO has contributed. The guidance states that checks at the application stage are unlikely to be necessary for most jobs and therefore likely to be a … Continue reading

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

Australia: Workplace violence and red collar crime: Is it more threatening than you think?

Workplace violence is a significant and ongoing risk that employers should be alive to because it affects employee health, safety and wellbeing, which in turn impacts on productivity, absenteeism, sickness and replacement costs, to name a few.  In respect of … Continue reading

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

UK: gender pay gap news

The Government Equalities Office has published a summary of the 2017/18 gender pay gap data submitted by employers as at May 2018, along with an Interim Gender Pay Gap Employer Insights Survey conducted at the end of 2017. The summary … Continue reading

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

Asia: comparative table on LGBTI benefits

In our comparative table here, we consider whether employers may offer benefits to LGBTI employees and their spouses/partners in Singapore, Hong Kong and China.

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Filed under Jurisdiction: Asia, Terms of employment contracts, Workplace culture, diversity and discrimination (including bullying and harassment)

Japan: Increased Protection for Fixed Term Employees

In an earlier bulletin, we looked at a landmark Tokyo District Court decision that clarified the circumstances under which benefits given to permanent employees but not to fixed term employees could amount to “unreasonable differences” in labour conditions, which are … Continue reading

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Filed under Jurisdiction: Asia, Terms of employment contracts, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: discrimination arising from disability claim only requires loose causal link

Employers should consider carefully whether there may be a connection between an employee’s disability and their conduct before dismissing or taking disciplinary action for that conduct. In Sheikholeslami v University of Edinburgh the EAT confirmed that a claim of discrimination … Continue reading

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

UK: Government consults on mandatory ethnicity pay gap reporting

The Government has published a consultation on ethnicity pay reporting, making clear its position that this should become mandatory (possibly subject to a trial or phased approach with ‘early adopters’). The consultation is open until 11 January 2019. The consultation … 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: Supreme Court rules in the ‘gay cake’ case

In the much-publicised judgment in Lee v Ashers Baking Co Ltd, the Supreme Court has ruled that it was not unlawful direct discrimination on the grounds of sexual orientation for a bakery to refuse to bake a cake bearing the … Continue reading

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Filed under Jurisdiction: UK, 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: withdrawal of job offer due to sickness absence was unlawful disability discrimination

Employers who receive a reference detailing a potential recruit’s significant absence levels in their last job risk a disability discrimination claim if they withdraw the offer for that reason without making further enquiries about the individual’s health and possible reasonable … Continue reading

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