Curran Butcher Shares the Power of Being True to Yourself and Finding Community
Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Timed out – reasonable steps defence fails because training stable - An employer can defend a discrimination claim under the Equality Act if it has taken all reasonable steps to prevent employees from committing acts of...more
Tell it like it is – email referring to potentially discriminatory conduct not a protected act - In Chalmers v Airpoint Ltd the EAT in Scotland found that an employee had not done a protected act for the purposes of a...more
An employment tribunal recently found that a belief in ethical veganism is protected as a philosophical belief under the Equality Act 2010 (Casamitjana v League Against Cruel Sports ET/3331129/2018). In this Alert we will...more