News & Analysis as of

Equality Act Employer Liability Issues

BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

BCLP on

Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

A&O Shearman

EHRC commences consultation on impact of UK Supreme Court ruling on biological sex

A&O Shearman on

This week, the Equality and Human Rights Commission (EHRC) commenced consultation on updates to its Code of Practice in light of the UK Supreme Court’s ruling that the terms “woman”, “man” and “sex” in the Equality Act refer...more

MoFo Employment Law Commentary (ELC)

The “Preventative Duty”: New Law Places Active Duty On Employers In The UK To Prevent Sexual Harassment In The Workplace

Employers in England, Scotland and Wales are now required to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. New legislation, the Worker Protection (Amendment of...more

King & Spalding

Changes to the Duty to Prevent Sexual Harassment

King & Spalding on

The Worker Protection (Amendment of Equality Act 2020) Act 2023 comes into force on 26 October 2024, introducing a new legal obligation on UK employers to take ‘reasonable steps’ to prevent sexual harassment at work. In this...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers in England, Scotland, and Wales Have New Obligation to Prevent Sexual Harassment

Beginning 26 October 2024, employers in England, Scotland, and Wales will be under a new obligation to take “reasonable steps” to prevent sexual harassment of workers in the course of their employment. Details regarding this...more

BCLP

Sexual Harassment - The Preventative Duty

BCLP on

After a slightly extended summer break, we return with a summary of the new sexual harassment rules due to come into force in just over two weeks....more

BCLP

UK HR Two-Minute Monthly: June 2024

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Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...more

BCLP

UK HR Two-Minute Monthly: April 2024

BCLP on

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

A&O Shearman

Summary of 2024 Amendments to the Equality Act 2010

A&O Shearman on

We are kicking off 2024 with an examination, over a series of blog posts, of some important developments in equality and discrimination law, including legislative changes, updated EHRC guidance on employer duties to take...more

BCLP

UK HR Two Minute Monthly: December 2023

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Are Transgender Individuals “Women” Under the Equality Act 2010, Bringing New Whistleblowing Claims Already Dismissed and Settled Under a COT3, the Necessity of Early Redundancy Consultation, and a General News Roundup. ...more

Morrison & Foerster LLP

Key Updates for UK Employers: A Look Through to the End of 2023 and Beyond

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The regulatory landscape for UK employers has evolved significantly over the second half of 2023. New legislation is in force or is due to come into force over the next 12 months, covering a variety of employment-related...more

Littler

UK’s Worker Protection (Amendment of Equality Act 2010) Bill Receives Royal Assent, but Does it Significantly Increase Employer...

Littler on

We previously reported on the introduction of the Worker Protection (Amendment of Equality Act 2010) Bill. The Bill has now made its way through Parliament to become the Worker Protection (Amendment of Equality Act 2010) Act...more

BCLP

UK HR Two Minute Monthly: October 2023

BCLP on

Our October update includes a significant Supreme Court decision on how to treat historic underpayments of holiday pay, a preliminary tribunal hearing on whether a belief in race equality that opposed critical race theory was...more

BCLP

UK HR Two-Minute Monthly: July 2023

BCLP on

Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

Morgan Lewis

UK Government Confirms Approach to Menopause in the Workplace

Morgan Lewis on

The UK government published its response to the Women and Equalities Committee’s (WEC) report on “Menopause and the Workplace” on 24 January. In a watering down of the WEC’s proposals, and what the WEC has described as a...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

Littler on

An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

King & Spalding

Call of Duty: UK Government proposes new duty for employers to prevent sexual harassment

King & Spalding on

The UK Government has recently published its long-awaited response to its 2019 consultation on measures to combat sexual harassment in the workplace and strengthen existing legal protections. Most significantly, the...more

Hogan Lovells

Broad brush - UK government responds to sexual harassment consultation

Hogan Lovells on

The UK government’s response to the 2019 consultation on sexual harassment in the workplace confirms that it will introduce a legal duty on employers to protect workers from harassment, re-introduce protection against...more

Hogan Lovells

As you were – UK Supreme Court confirms no change to discrimination burden of proof

Hogan Lovells on

The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more

Hogan Lovells

After the event - medical evidence obtained after an ill-health dismissal not relevant to fairness

Hogan Lovells on

Managing an employee who has persistent short or medium term ill-health absence is difficult for an employer. Dismissing an employee whose attendance is unlikely to improve may be fair, but this will often depend on medical...more

Hogan Lovells

Employment News: COVID-19, religion and belief

Hogan Lovells on

A tale in two parts - COVID-19 and health and safety dismissals There have been more employment tribunal decisions examining when a COVID-19 related dismissal will be automatically unfair for health and safety reasons. One...more

Morgan Lewis

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

Morgan Lewis on

The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

Hogan Lovells

Employment News: jurisdiction, trade unions

Hogan Lovells on

If not now then when? Tribunal should have identified when jurisdiction established - An employment tribunal only has jurisdiction to hear claims under the Employment Rights Act 1996 and Equality Act 2010 if the claimant...more

Husch Blackwell LLP

The Biden Administration: Expected Changes In Workplace Protections

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Husch Blackwell’s Labor & Employment team is launching a series of employment and labor alerts and labor law podcasts that discuss the expected changes in labor and employment laws under the Biden administration and provide...more

Fisher Phillips

February 2021: The Top 17 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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