Tag Archives: recruitment

UK: Medical assessments – employers should review their arrangements to minimise risk of vicarious liability

A High Court has held in Various claimants v Barclays Bank an employer vicariously liable for the acts (in this case, alleged sexual assaults) of a doctor engaged by it as an independent contractor to carry out medical assessments on┬áprovisionally … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK

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: Gender pay gap reporting – revised final Acas/GEO Guidance published

A revised, final version of the non-statutory guidance by Acas and the Government Equalities Office was published on 3 April 2017, available here.  Although the GEO had indicated that no substantive changes were expected to the original draft published a few days … 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: Disability discrimination – cases highlight recruitment risks for employers in relation to references and interviews

Where a prospective employer receives an unsatisfactory reference about an applicant's suitability for a role, in circumstances where they have been given information about the applicant's medical treatment and absences from work suggesting disability may be in issue, the prospective … Continue reading

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

UK: New legislative proposals and guidance on minimum/living wage, apprenticeships consultation, employee travel expenses, recruitment and induction

The government has announced plans to increase the penalties for failing to pay the national minimum wage and national living wage (being introduced in April 2016). From an as yet unspecified date, the penalty for non-payment is to be doubled … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans)

UK: Implementation dates – flexible work and shared parental leave, employer penalties, rehabilitation periods, abolition of statutory sick pay recoupment

According to a BIS Press Office tweet, the proposed extension to the right to request flexible working to all employees with six months' employment will be implemented by 30 June 2014, and shared parental leave will apply from April 2015. … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Workplace flexibility and family-friendly rights

UK: New resources

The Disclosure & Barring Service has produced a new Guide for Employers following changes to the criminal records regime, available here.

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Filed under Jurisdiction: UK, Resources

European Commission publishes employment and recruitment sector guide: Corporate responsibility to respect human rights

The European Commission has published guidance for the employment and recruitment sector on meeting the corporate responsibility to respect human rights under the UN Guiding Principles on Business and Human Rights (UNGPs). The guidance sets out the steps required under … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Cross-border

UK: Age discrimination – degree requirement needs to be justified

Employers should only impose requirements for job holders to have a degree if these can be justified. Where an employee was coming up to compulsory retirement age and therefore had insufficient time to acquire the degree required to be on … Continue reading

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

UK: Recruitment – failure to disclose information may shift burden of proof for discrimination claim

Employers can refuse to provide recruitment information to an unsuccessful job applicant who meets the advertised job criteria, but risk this being used to support a finding that there is sufficient evidence of prima facie discrimination to shift the burden … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Terms of employment contracts