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Paul Reeves and Leanne Raven discuss the increasing pressure on employers to demonstrate their steps to address racism in the workplace and to promote diversity It is important that employers are aware of more subtle forms of discrimination, which include microaggression and unconscious bias. Following the death of George Floyd in 2020 and the rise …
Continue reading "Equality: Race discrimination under the spotlight"
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Shah Qureshi reviews the current position on transgender rights in the workplace Not having a gender recognition certificate should make no difference to how an employer treats a trans employee or assesses their performance; it should treat the person as being the gender that they identify as. Transgender, or trans, is a term which describes …
Continue reading "Gender reassignment: Transgender employment rights – where are we now?"
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Rhodri Thomas and Marianne Hessey discuss the lessons from the €35m fine imposed on H&M for collecting and storing excessive personal information on employees The amount of information that employers gather and use must be limited to what is necessary. They will therefore almost certainly find it is not possible to legitimise collecting and using …
Continue reading "GDPR: Employee personal data – handle with care"
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Aisleen Pugh and Sarah Munro round up recent developments affecting employers and their advisers Pleadings drafted in easy-to-read, specific, simple language will be the most effective and a better guarantee of success. Belief in fixed gender is held to be a protected characteristic In Higgs v Farmor’s School [2020], an employment tribunal has held that …
Continue reading "Legal news: Employment update"
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Alison Garrow sets out the key issues for employers and their advisers to consider following the extension of the furlough scheme to 31 March Given the short period between the announcement of the scheme’s extension and its start date, there was a limited window for an employer to agree to place an employee on furlough …
Continue reading "Coronavirus Job Retention Scheme: Flexible furlough – an eleventh-hour reprieve"
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Joanna Hunt examines the post-Brexit immigration system, including the key features of the skilled worker route and the position of EEA nationals who arrive in the UK before the end of 2020 The sting in the tail is that the skilled worker route remains very costly. When you add up the fees, you will have …
Continue reading "Brexit: What does the ‘points-based’ immigration system have in store for employers?"
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With IR35 reform and the Employment Bill put on hold in 2020 because of the pandemic, Richard Kenyon considers what the next 12 months may have in store for employers and their advisers While most employment rights are enforced by an individual through an employment tribunal, the state has an important role to play in …
Continue reading "Government policies: What to expect in 2021"
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With employment tribunals facing an increasing claims backlog, Jo Broadbent and Katharine Savage examine how the system is adjusting in response to the pandemic and the key practical issues for tribunal users preparing for hearings The 2020 regulations tidy up some of the tribunal rules, although these changes are unlikely to have a significant impact …
Continue reading "Litigation: The impact of Covid-19 on the employment tribunals"
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Joanna Chatterton and Ed Livingstone discuss how employee social media habits have changed since the imposition of lockdown in March, the risks these pose to their employer’s business and how to avoid the main pitfalls If a social media policy does not cover online activity which takes place outside work, then it may not be …
Continue reading "Social media: WhatsApp and the virtual water cooler – what are the risks and what can be done?"
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Jo Broadbent rounds up recent developments affecting employers and their advisers Changes to tribunal procedure to deal with Covid backlog The Ministry of Justice employment tribunal statistics for the first quarter of 2020/21 revealed that single claims had increased by 18% from the previous year, while the tribunals’ outstanding caseload increased by 31%. This was …
Continue reading "Legal news: Employment update"
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