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Social responsibility: The mEsSaGe of our times – how employment advisers can help businesses achieve their ESG goals

With the COP26 summit about to begin, Charlie Urquhart, Jasper Dymoke and Nafeesa Hussain look at how employment advisers can help businesses meet their environmental, social and governance objectives Businesses need to take a holistic approach to reducing emissions and improving sustainability, and taking steps to encourage a greener workforce is a logical part of …
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Discrimination: Should the menopause be a specific protected characteristic?

Jenny Arrowsmith and Joanne Moseley examine the business case for supporting employees going through the menopause and discuss whether greater legal protection is required for those experiencing symptoms The menopause is not specifically protected under the Equality Act 2010 and most complaints are characterised as a form of disability, sex or occasionally age discrimination. The …
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Dismissal: To appeal or not to appeal, that is the question

In light of two recent cases, Christopher Fisher and Katherine Fox consider whether there are situations in which employers do not need to offer employees the opportunity to appeal against their dismissal A failure to offer or carry out an appeal is not fatal to the fairness of a redundancy or SOSR dismissal, but it …
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Equality Act: Learning the lessons from the latest disability discrimination case law

Katie Hurst explores what employers can learn from three recent disability discrimination cases Follows serves as a good reminder to employers to think carefully before they introduce requirements which might affect employees who are disabled or associated with someone who is disabled. This article reviews some recent cases that have helped to shed light on …
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Recruitment: How to avoid discrimination claims when hiring

Nick Hine and Zahra Mahmood provide their top tips on minimising unconscious bias and other forms of discrimination during the recruitment process It is critical for employers to ensure that employees involved in the recruitment process undertake equality and diversity training and keep a clear record of their decision making. There are several dangers an …
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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers In Dodson, the EAT confirmed that women are less likely to be able to accommodate certain working patterns than men because of childcare responsibilities. Supreme Court confirms no change to burden of proof in discrimination cases The Supreme Court decision in Royal Mail Group …
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Flexible working: How to introduce a successful hybrid working strategy

Emma Burrows and Anna Scott consider the key points from recent Acas guidance on hybrid working and some tricky issues that can arise An employer will have responsibility for its staff wherever they are working and will need to consider health, safety and wellbeing, performance management and training and development.   Stop press: new consultation …
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Coronavirus Job Retention Scheme: How to manage the return from furlough

With the CJRS ending on 30 September 2021, many employers are turning their minds to managing employees’ return from furlough. Sophie Lockwood takes a look at the key considerations Employers should consult with staff and, where appropriate, their representatives as early as possible about returning to work at the end of furlough. Between 1 March …
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Furlough scheme: Recent cases highlight importance of considering alternatives to redundancy

Sarah Evans examines two decisions on whether it was fair to make employees redundant instead of furloughing them and the wider lessons for employers making redundancies as the CJRS closes The distinguishing feature of these two cases, and a clear reminder to employers, is that a failure to consider an alternative to redundancy, whatever that …
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Gender pay reporting: The pitfalls of reducing the gap in haste

Deborah Casale and Sacha Sokhi look at the lessons from a recent sex discrimination case in which two male directors successfully claimed they were dismissed to improve their employer’s gender pay gap The difference between positive action and direct discrimination is subtle and employers should take advice and proceed with caution when using these provisions. …
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