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Mark Lafferty examines the feasibility of implementing the Labour Party’s pledge to introduce a new law to tackle class inequality ‘The TUC report suggests that “class” could be added as a new tenth protected characteristic to prohibit direct discrimination, indirect discrimination, victimisation and harassment on this ground.’The Labour Party manifesto includes a pledge to create …
Continue reading "Discrimination: Is a ban on classism at work on the cards?"
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Briony Richards continues our series with a look at the issues to consider when drafting a policy to manage drug and alcohol misuse, smoking and vaping at work ‘When faced with an employee who may be abusing drink or drugs, it can be difficult for managers to decide whether to follow the organisation’s disciplinary policy …
Continue reading "Staff procedures: Create or update a drugs, alcohol and smoking policy"
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Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘Neither the Race Directive nor other EU Equality Directives require member states to make an employer liable if it has failed to prevent foreseeable harassment of employees by a third party, unless its own conduct is related to race.’ No Equality …
Continue reading "Legal news: Employment update"
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Richard Kenyon summarises the promises that the main political parties have been making on workers’ rights ‘The political parties recognise the pulling power of a simple message and are falling over themselves to offer increases to the hourly national minimum wage rate.’ For those of us with a superstitious disposition, Friday the 13th is an …
Continue reading "2019 election: Déjà vu all over again"
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Verity Saxon sets out the changes to employment law that she expects will come into force next year ‘Employers will have to provide the majority of employment particulars in a single document on or before the start of employment.’ A new year always brings about change, so with 2020 just around the corner, what changes …
Continue reading "Legal reform: New year, new law: what can you expect to see in 2020?"
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Catherine Turner rounds up recent case law and developments affecting employers and their advisers ‘It is entirely appropriate for in-house counsel to seek to ensure that the investigation report does not stray into a decision on whether there has been any misconduct.’ Massage by female team leader was not harassment related to sex The recent …
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The Supreme Court has held that judges are entitled to statutory protections afforded to whistleblowers, report Louise Skinner and Keir Baker ‘Judge Gilham argued that, by excluding her from whistleblower protection, English law was violating Art 14 of the European Convention of Human Rights when read in conjunction with Art 10.’ On 16 October 2019, …
Continue reading "Employment status: Supreme Court extends scope of whistleblower protection"
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Peter Frost considers how to manage waivers of privilege in light of a recent ruling that an employer could not pick and choose which parts of legal advice about a dismissal it could disclose ‘Each party may choose whether and to what extent it waives privilege. But it is for the court to consider what …
Continue reading "Legal advice privilege: The dangers of cherry picking"
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Recent case law has highlighted how difficult it is to pin down which beliefs deserve protection in today’s society, writes Fudia Smartt ‘Mr Conisbee brought a discrimination claim against five respondents because of religion and belief, as well as a claim for notice pay. A preliminary hearing was held to determine whether vegetarianism satisfied the …
Continue reading "Religion or belief: Shifting sands – what is a philosophical belief?"
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Michael Chattle and Katie Lobley explore the issue of employees making secret recordings and provide advice on how to reduce the risks that this poses ‘There is no concept that a covert recording is fruit from a poison tree and therefore automatically not to be admitted as evidence in tribunal proceedings.’ Once upon a time, …
Continue reading "Privacy: Tinker, tailor, worker, spy – covert recordings in the workplace"
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