September 2019 #203 – Law Journals

Legal news: Employment update

Jo Broadbent rounds up the latest case law and developments affecting employers and their advisers ‘The Court of Appeal confirmed that someone can be discriminated against because they are perceived to have a disability, even if they do not.’ Rejecting transfer request was perceived disability discrimination The Court of Appeal considered perceived disability discrimination for …

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Consultations: Measures proposed to reduce job loss due to ill health

Clare Gregory examines the proposed reform of SSP, the right to request workplace modifications and a new labour market enforcement body ‘The consultation recognises that the SSP system is inflexible and does not reflect modern working practices such as the increase in part-time work.’ In a flurry of activity in the final days of Theresa …

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Disability discrimination: When ignorance may not be bliss

Charles Wynn-Evans analyses recent case law on the thorny issue of when an employer is considered to have knowledge of an employee’s disability ‘While the employer’s knowledge is only one aspect of a disability discrimination claim, it is clear from these decisions that an employer cannot simply neglect consideration of whether an employee is disabled …

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Restrictive covenants: Court cuts employers some slack on severance rules

The Supreme Court has adopted a more liberal approach to severing words from a non-compete clause to make it enforceable, reports Claire Darbourne ‘In some cases, it may be possible for courts to sever unlawful words or provisions from the rest of a restrictive covenant to create an enforceable restriction (the ‘blue pencil’ test).’ On …

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Diversity: Neurodiversity and the workplace

Karen Baxter and Tom Heys explore the legal and practical issues around employing people with neurodivergent conditions and how employers can develop a more neurodiverse workforce ‘When addressing the duty of reasonable adjustment in this context, there is no one-size-fits-all approach. Employers should tailor practices and techniques for learning, communicating and working to the individual …

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Gender reassignment: How to support trans people in the workplace

Joanna Chatterton and Jessica Ambrose discuss transgender discrimination and give practical guidance for employers to minimise their legal risks and promote an inclusive culture ‘Employers must recognise that a lack of complaints or reports being made about discrimination or harassment against trans people cannot be interpreted to mean that the workplace is free from discrimination …

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International employers: A global staff handbook – to have or not to have?

Dr Sybille Steiner considers the pros and cons of having a single handbook covering all the jurisdictions in which a company operates ‘A handbook and policies will only assist a business and its workforce if they do not just exist on paper but are practised throughout the company by all employees on all levels of …

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Staff procedures: Create or update a data protection policy for employees

Kirsti Laird and Josie MacLeod explain what your policy should contain to minimise the risk of staff breaching data subjects’ rights ‘While there is no express requirement to have a data protection policy, an employer can use this as evidence that it is taking its data protection obligations seriously and to demonstrate compliance with the …

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