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Kim L. Sartin

Kim Sartin is a partner in Baker McKenzie's Employment and Compensation team in London and a Member of the Firm’s Global TMT Group SteerCo. She is ranked as a leading individual in Chambers, as Up and Coming for Industrial Relations and recognised for her experience in the TMT sector (Chambers Global, UK). She is described as “a true global partner” who “stands apart with her business acumen”.

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 Parker Review Committee has published its latest report on ethnic minority representation at board level and within senior management at FTSE350 companies, and the 50 largest private companies in the UK. Ethnic minority directors currently represent 19% of FTSE 100 directors, 13.5% of FTSE 250 directors and 11% of relevant private company directors.

Following calls by the European Parliament for potentially far-reaching changes, the European Commission has now kicked off the EU legislative process to revise the European Works Council Directive. This alert provides an update on the Commission’s proposals, and we will issue further alerts as the legislative process continues.

The Employment Appeal Tribunal held that a single redundancy required some form of wider workforce consultation, and that this should be the norm for all individual redundancy exercises. Nevertheless, taking into account the facts of this case and long-established case law and rules on collective consultation, we consider that the main point is that consultation takes place with affected employee(s) at a time when it could make a difference.

Employees will have a statutory right to a week’s unpaid leave each year to care for a dependent from 6 April 2024. The Carer’s Leave Regulations 2024 have been laid before Parliament and are expected to be made shortly. They set out details of the scheme intended under the Carer’s Leave Act 2023, as previously reported.

Employers will need to decide whether they wish to enhance the new rights, for example, by paying for some or all of the leave, as part of an employee benefits package to recruit, retain, and support employees with caring responsibilities. Some employers may already offer a form of contractual carer’s leave.

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.