Tag Archives: recruitment

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)

APAC: Background Checks

This month, we consider whether employers can conduct background checks by way of social media/internet searches on prospective employees, focussing on the position in Singapore, Hong Kong, Japan and South Korea.

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Filed under Data protection and privacy, Jurisdiction: Asia

Hong Kong: Warning on Potentially Anti-Competitive Employment Practices

The Hong Kong Competition Commission (the “Commission“) recently released an advisory bulletin indicating that it has encountered a number of situations where businesses have engaged in employment-related practices which may give rise to competition concerns. Our employment and competition teams … Continue reading

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

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: 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