Discrimination arising from disability

In the recent case of Morgan v Buckinghamshire Council, the Employment Appeal Tribunal found that the dismissal of an employee disabled with autism, whose conduct had been influenced by her disability, was not unfair and did not constitute discrimination arising from disability. The Claimant was employed as a Social Worker by the Council within its […]

The new Worker Protection Bill

The Worker Protection (Amendment of Equality Act 2010) Bill is now on its second reading in the House of Lords and is close to being given Royal Assent. Whilst its provisions will not come into force for another year after being passed, businesses should start preparing now for the changes it will bring. Under the […]

New ACAS guidance on employee suspensions

The Advisory, Conciliation, and Arbitration Service (ACAS) recently published new advice on how to handle employee suspensions. Suspending an employee might be necessary during a disciplinary or grievance investigation, or for the purposes of safeguarding the health and safety of the individual concerned. Since this is a relatively common practice, most properly drafted employment contracts […]

Neurodiversity in the workplace

It is estimated that neurodiversity affects between 10 and 20 percent of the global population. Neurodivergent people generally tend to perceive their surroundings and process information differently from neurotypical people. Since they often possess unique abilities, employers are looking to harness the skills and talents that they can bring to the workplace. In relation to […]

Workers are not protected against detriments imposed by employers in response to industrial action

Reversing a significant decision by the Employment Appeals Tribunal (EAT), the Court of Appeal in Mercer v Alternative Future Group has confirmed that workers are not protected against detriments imposed by employers in response to industrial action. An example of this might be taking disciplinary action against employees for leaving a shift to take part […]

How to avoid gender pay discrimination

On International Women’s Day, the Minister for Women, Baroness Stedman-Scott, announced an equal pay transparency pilot scheme by publishing salaries on all job adverts. Studies have shown that not asking interviewees about their previous salary at the interview stage ensures that unequal pay between men and women does not become further entrenched when they start […]

David Harris speaks on BBC Radio about the Government’s attempts to discourage home working

Listen to David Harris speaking to Bill Buckley on BBC Radio Berkshire about the Government’s recent announcement that civil servants must return to working in the office to “ensure that buildings are running at full capacity”. During the conversation, David discusses the legal rights that employees have to request flexible working arrangements. He also points […]

When does workplace banter become harassment?

Discrimination legislation in the UK protects employees from “banter” which has the effect of violating their dignity or creating an intimidating, humiliating, hostile, degrading or offensive environment. Such conduct can amount to harassment if it is related to one of the protected characteristics listed below: – Age Disability Gender reassignment Marriage and civil partnership Pregnancy […]

Working with Long COVID

It is nearly two years since the first COVID-19 lockdown in the United Kingdom and for many people, working with Long COVID has become an unfortunate daily reality. What is Long COVID? Long COVID is the name given to a condition in which the effects of COVID-19 continue for a prolonged period.  It can affect […]

When are post-termination restriction clauses unreasonable?

Post-termination restriction clauses can be controversial as there are often doubts as to their enforceability. There is currently a public consultation on proposals to reform post-termination non-competition clauses, which might prevent them from being enforced to any degree in the future. We eagerly await the Government’s response to this consultation. At present, post-termination restrictions are […]

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