November 2021 #225 – Law Journals

Legal news: Employment update

Lauren Bholé rounds up recent developments affecting employers and their advisers The right to request carer’s leave will be a day one employment right, so employees will not need any minimum length of service before they can request the leave. Government publishes its response to the carer’s leave consultation In March 2020, the government launched …

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Legal reform: Keeping the ‘flex’ in flexible working requests

Louise Skinner and Thomas Twitchett review the government’s proposals to extend the right to request flexible working The proposed changes – if implemented – are expected to encourage employers and employees to have meaningful discussions around flexible working arrangements. On 23 September 2021, the UK government published a consultation document entitled Making flexible working the …

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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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