The Presidents of the Employment Tribunals (England & Wales and Scotland) have issued Presidential Guidance updating the Vento bands for damages for injury to feelings in discrimination claims.
In 2021, the government commissioned Dr. Tony Sewell to chair a new Commission on Race and Ethnic Disparities (CRED) to investigate race and ethnic disparities in the UK. CRED published its report into its findings in March 2021 which set out 24 recommendations to forward 4 overarching aims: (i) to build trust between different communities and the institutions that serve them, (ii) to promote greater fairness to improve opportunities and outcomes for individuals and communities, (iii) to create agency so individuals can take greater control of the decisions that impact their lives, and (iv) to achieve genuine inclusivity to ensure all groups feel a part of UK society.
It’s clear that many businesses, governments and regulators have publicly recognised menopause as a health priority and started to take positive steps to break historic taboos and encourage support, particularly in the workplace. 64% of respondents to Part II of the recent Baker McKenzie Mind the Gap series confirmed that their organisation has implemented some form of menopause policy. 74% of those without such a policy plan to implement one within the next two years.
The UK government has begun a consultation on disability workforce reporting. The consultation includes questions on current practice and explores the possibility of voluntary or mandatory reporting practices.
EU Member States must implement the European Whistleblowing Directive (EU WBD) by 17 December 2021. However, only Denmark, Sweden and Portugal have passed their implementing legislation.
Based on a survey of 900 employment and I&D leaders across the globe, the second installment of the Mind the Gap series outlines the main barriers to I&D success and the key actions organizations can take to strengthen performance, manage risk and accelerate progress through their I&D programs.
The European Whistleblowing Directive is to be implemented by the European Union’s 27 member states by no later than 17 December 2021 and will impact employers with operations in those jurisdictions. With most of the Member States yet to pass their implementing legislation, employers will face a period of intense activity in the coming months.
A number of reports have cited the disproportionately negative effect of the COVID-19 pandemic on the employment and earnings of women. There is a risk that the effects of the pandemic could further entrench preexisting inequalities, and that the economic impact of the pandemic on businesses could push pay equality down the agenda. Instead, we see the return to “normality” as the perfect opportunity to take stock and identify where inequality can be tackled.
In late July 2021, the UK Government set out a new strategy on disability inclusion with Boris Johnson claiming “Our new National Disability Strategy is a clear plan – from giving disabled people the best start in school to unlocking equal job opportunities, this strategy sets us on a path to improve their everyday lives.” In this article Baker McKenzie associates consider the employment aspects of the strategy and the legal implications of them. They also consider practical steps employers can take to better understand and address disability inclusion within the workplace.
Our quarterly “Working with Unions” bulletin is designed to keep employers updated with key cases and legal developments affecting trade unions and employee representative bodies. Our latest bulletin covers the period of April to June 2021 and includes an interesting Central Arbitration Committee decision considering the effect of Brexit on UK European Works Councils and a decision of the Employment Appeal Tribunal reading down section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 to give workers protection from detriment for taking industrial action.