This category can only be viewed by members.
Is it permissible under the Equality Act to employ an all-white cast on the grounds of authenticity, asks Andrea Nicholls ‘Although the boundaries of what constitutes a “genuine occupational qualification” have been pushed back over the years, there has been general acceptance that, for authenticity, discriminatory casting decisions may be made for dramatic performances.’ There …
Continue reading "Occupational Requirement: Casting confusion"
This post is only available to members.
Anne Sammon considers the potential impact on employers if the government implements the recommendations in the Davies report ‘To attain higher levels of female board participation, companies may need to consider using the positive action measures in the Equality Act 2010.’ The Davies report on ‘Women on Boards’ has generated debate around the issue of …
Continue reading "Gender Equality: Increasing boardroom diversity"
This post is only available to members.
Richard Hanson-Jones looks at how claimants are under increasing pressure to use a panel lawyer selected by their insurer rather than an expert of their own choosing ‘Choice of lawyer is perhaps the most obvious area where disputes arise between insurers and their policyholders, and as practitioners dealing largely with first-party insurance disputes for the …
Continue reading "Legal Expense Insurance: Panel game"
This post is only available to members.
Julian Yew reviews a recent case in which the High Court was asked for an injunction to prevent an employee from pursuing a claim while arbitration took place Employers’ ability to ‘contract out’ of their statutory obligations is limited by operation of law. In discrimination-related disputes, s144 Equality Act 2010 provides that a term of …
Continue reading "Dispute Resolution: Are arbitration clauses unlawful?"
This post is only available to members.
Robert Thomas and Dawn da Silva explore the legal implications of recent findings that longer working hours are causing rising sickness absence, stress and employee grievances ‘Organisations that are “running lean” in staff terms are more likely to experience serious problems that will affect productivity, work quality and, potentially, their competitive advantage.’ A number of …
Continue reading "Working Hours: A time bomb for employers"
This post is only available to members.
With the government embarking on another review of the UK’s sickness-absence system, Matthew Howse and Emma Damiral suggest practical ways for employers to get their staff back to work ‘The purpose of the fit note was to encourage employees to return to work in some capacity, with appropriate support, rather than stay off work because …
Continue reading "Sickness Absence: Fit for business"
This post is only available to members.
The risks of seeking to recruit a whole team of staff from a rival employer before their employment ends have been highlighted by a recent ruling, explains Christine Young ‘Poachers (and, in fact, any new employer) will need to think about how they treat a new hire even before employment commences, given that they may …
Continue reading "Team Moves: Appeal court takes aim at poachers"
This post is only available to members.
Clare Parkinson examines the new single public sector equality duty in light of a recent finding that HMRC’s treatment of a disabled woman was discriminatory ‘Section 149 of the Equality Act widens the scope of the existing public sector equality general duties by requiring public authorities to have due regard to the need to “advance” …
Continue reading "Equality Act: Duties on public bodies"
This post is only available to members.
It may not be the landmark case hoped for, but the conviction of Cotswold Geotechnical points the way to significant fines following workplace fatalities in the future, argues Jan Burgess ‘Geotechnical disappoints because it fails to reveal anything about the way in which the new legislation will really work.’ In February, Cotswold Geotechnical Holdings Ltd …
Continue reading "Corporate Manslaughter: Learning the lessons from the first prosecution"
This post is only available to members.
The government’s consultation document on resolving workplace disputes gives Esther Smith a distinct sense of déjà vu ‘Despite what many employers think, employment lawyers aren’t only interested in areas where we perceive that we can make more money, but do have a genuine wish to see the system overhauled both for our own benefit and …
Continue reading "Tribunal Reform: Back to the future"
This post is only available to members.
