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Unlawful deductions If a worker wishes to challenge their employer about potentially unlawful deductions from wages, they must bring a tribunal claim within three months of the underpayment. Where there has been a series of underpayments, the worker may bring a tribunal claim within three months of the last of those underpayments. Holiday pay Underpayments…
[ READ MORE ] from Floodgates opened on historic holiday pay claims?
It is the range of environmental, social and governance factors against which the sustainability credentials of a company may be measured. Environmental refers to a company’s: Impact on the natural environment. Carbon footprint. Production of waste. Pollution. Social refers to how a company manages its: Relationship with its workforce. Customers. Suppliers. The wider community. Governance…
[ READ MORE ] from What is environmental, social and governance (ESG) and why does it matter?
An employment tribunal (‘ET’) has decided that a manager who used an offensive racial term in a race awareness training session was unfairly dismissed and subjected to discrimination because of something arising from his disability (dyslexia). Facts Mr Borg-Neal (‘BN’) was a manager at Lloyds Banking Group plc (‘the Bank’). During the training, BN asked…
[ READ MORE ] from Dismissing a manager for using the ‘N-word’ was unfair and discriminatory
A survey of 2,000 workers has identified the workplace adjustments that may be most helpful for those experiencing negative symptoms of menstruation and menopause. Of the individuals surveyed, 35% said that their work was affected by negative symptoms associated with menopause. A further 53% said they experienced workplace difficulties connected to menstruation. The symptoms most…
On 5th September 2023, the CIPD published new guidance on transgender and non-binary equity, diversity, and inclusion (‘DEI’) in the workplace. The guide aims to help people professionals, employers and people managers take a proactive and informed approach to supporting transgender and non-binary people at work, as part of a broader EDI policy. Drawing from…
The Fawcett Society, in collaboration with TotalJobs, has published an employer’s guide on navigating fertility at work. It shows that women feel the impact of infertility at work more acutely than men do, with disadvantages compounded for women on a low income, in a single-parent household, or from an Asian or Asian-British background. A survey…
[ READ MORE ] from Fawcett Society publishes employer’s guide on fertility at work
Law Menopause-related discrimination claims can be complex. Several characteristics that are protected under the Equality Act 2010 may be relevant. These may include: Age: where those of menopausal or post-menopausal age are treated differently from other age groups. Sex: where a woman is treated less favourably, harassed or disadvantaged because of menopause. Disability: where an…
An employment tribunal has unanimously upheld a harassment claim related to an employee’s gender-critical belief. It was not disputed that her belief was protected under Section 10 of the Equality Act 2010. Facts The claimant was employed by the Arts Council England (‘ACE’). The Deputy Chief Executive of ACE hosted a virtual drop-in session for…
[ READ MORE ] from Comments against gender-critical beliefs were unlawful harassment
High Court decision Until 21st July 2022, Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulation 2003 prevented employment businesses from supplying temporary workers to cover the work of those taking part in industrial action. The High Court has held that the Secretary of State had failed to comply with his duty…
[ READ MORE ] from Agency workers cannot cover those on strike
The second glass ceiling The British Standards Institution (‘BSI’) has published a report examining factors that cause women to leave the workforce early other than through choice. It describes the factors as ‘the second glass ceiling’. The report followed a survey of more than 5,000 women in the UK, USA, Australia, China and Japan. Findings…
The EAT has upheld an appeal against an employment tribunal’s decision that a Christian employee was not directly discriminated against or harassed because of her protected beliefs, including that gender cannot be fluid and that an individual cannot change their biological sex or gender. Facts Mrs Higgs is a Christian and was employed as a…
[ READ MORE ] from When can an employer interfere with an employee’s expression of their beliefs?
The Code makes the business case for DEI and its link to performance. It uses practical guidance and tools to encourage, promote, and support DEI in the workplace. The document advises your business to select the most appropriate guidance for you and to adopt a phased approach so that you can measure progress and results….
