The Equality Act 2010 gives outsourced workers broad protections from discrimination by the client on whose contract they work. However, the Court of Appeal has held that the protection does not extend to the terms of the workers’ contracts of employment with the service provider, such as pay. The EAT had held that the protection could be engaged where the client had effectively dictated the terms on which the workers were employed, but the Court of Appeal has rejected that position. Companies with outsourced workforces can still be liable in many other respects, for example if they restrict access to onsite facilities or refuse to allow individuals to work on the contract on discriminatory grounds.

The UK will have a general election on 4 July 2024, which will decide who the next government will be. The political parties have been publishing their employment and HR-related proposals, which we summarize in this article. We have limited ourselves to Labour, the Conservatives, Reform, the Liberal Democrats and the Green Party, as the current top-polling parties fielding candidates throughout Great Britain.

On 16 May 2024, the government launched a consultation concerning TUPE and European Works Councils (EWCs). There are three proposals under consultation: (1) Overturn the concept of split assignment in a TUPE transfer (where an employee’s contract of employment could be split between two transferees). (2) Confirm that TUPE only covers employees, not workers. (3) Repeal the remaining post-Brexit EWC legislation, which will likely see the end of any statutory obligations to maintain an EWC in the UK.

The EAT has decided that an employer’s liability for unlawful discrimination does not transfer under TUPE where the discriminator transfers but the victim of the discrimination does not. The position might be different though in relation to vicarious liability for negligent (rather than discriminatory) acts of an employee.

Several new employment measures have become law, dealing with redundancy protection for mothers and those returning from family leave, as well as creating new rights to carer’s and neonatal leave. There is also a new right to the allocation of tips. However, the rights might not come into force for a year or two, and some of the detail of the rights remains to be confirmed.

Draft regulations that extend the ban on exclusivity clauses in employment contracts from those on zero-hours contracts to include those earning on or less than GBP 123 per week have been laid before Parliament.

An employment tribunal has held that a claimant’s belief in ethical veganism that extended to taking positive action to reduce or prevent the suffering of animals, which included criminal conduct such as trespassing on private property to expose and remove suffering animals, was not a protected philosophical belief under the Equality Act 2010.

It has been announced that schools in Wales and Scotland are to close from Friday, and an announcement is expected today to extend the closures to English schools as well. In the meantime, more schools and nurseries faced with staff shortages are having to close their doors to some or…

In our last alert, we set out the questions that employers might want to consider in formulating their own procedures in response to the global coronavirus (COVID-19) outbreak. Since then, the virus has spread to over 50 countries worldwide and here, we provide answers to some of the questions employers…