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In light of the latest decisions on this tricky topic, Danielle Ingham and Anna Scott discuss how an employer can deal with staff members whose views on trans rights conflict with its own The outcome in Forstater shows that what is important when analysing whether a belief has been manifested inappropriately is looking at the …
Continue reading "Religion or belief discrimination: Recent case law on gender-critical beliefs – a balancing act for employers"
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Jennifer Wright considers the latest developments in the Tesco fire and rehire case and where this now leaves employers Employers will be relieved that the Court of Appeal has endorsed dismissal and re-engagement as a legitimate mechanism for implementing contractual changes and removing benefits that have become unsustainable with the passage of time. Historically, it …
Continue reading "Unfair dismissal: The return of fire and rehire"
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Toby Pochron examines the steps employers should take following a recent decision on whether long Covid can amount to a disability If long Covid is a disability, then employers will have a greater responsibility to support employees in times of sickness and when returning to the workplace. Since the term ‘long Covid’ emerged, the condition …
Continue reading "Equality Act: First long Covid ruling marks a turning point in employment law"
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With claims for neurodivergence discrimination rising by a third in the past year, Shoshana Bacall and Eleanor Diamond look at how employers can reduce the risk of such claims and create a more neurologically diverse workforce The rise in neurodivergent disability claims suggests that workplaces are lagging behind in efforts and there are still barriers …
Continue reading "Disability discrimination: Harnessing the benefits of a neurodiverse workplace"
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In the fifth part of this series, Ed Livingstone and Katrina Hennessy provide a step-by-step guide to the key topics which feature at the start of the employment relationship, including offer letters, pre-conditions, the commencement of employment and the probationary period It is important to carry out due diligence at an early stage as the …
Continue reading "Demystifying employment contracts: Starting the employment relationship the right way"
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Jackie Thomas rounds up the latest developments affecting employers and their advisers The Autoclenz approach only applied in situations where individuals were being deprived of statutory rights and where the bargaining power between the parties was uneven. EAT gives harsh lesson on following the tribunal rules An unrepresented claimant was not entitled to bring her …
Continue reading "Legal news: Employment update"
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Michelle Chance discusses the importance of normalising conversations about menstruation, miscarriage and the menopause at work A developing area of case law concerns whether certain gynaecological conditions which affect menstruation could constitute a disability in specific circumstances. The number of women in the workplace is growing at both ends of the age spectrum. Some 51% …
Continue reading "Reproductive issues: How to support employees going through the three Ms"
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James Murray examines the interaction between the harassment provisions of the Equality Act and the law protecting academic free expression The European Court of Human Rights has recognised that academic free expression comprises the freedom for academics to express themselves openly about the institution or system in which they work without restriction In the past …
Continue reading "Human rights: Campus clash – harassment or free speech?"
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Hina Belitz comments on proposals to record online hearings digitally The routine recording of tribunal proceedings could clearly help to avoid disputes and the resultant unnecessary waste of cost and court time. It would also create a more level playing field between parties with varying levels of resources. The coronavirus pandemic saw technology rapidly deployed …
Continue reading "Tribunal hearings: It’s time for employment tribunals to embrace technology"
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Joanne Moseley explores how employers can avoid the legal pitfalls when managing shift workers and gives some practical tips for successful shift-working arrangements One important issue that can be overlooked is the difficulty some people have working certain shift patterns and the legal risks that follow if employers fail to take a flexible approach. Many …
Continue reading "Working patterns: Shifting priorities"
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