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Monica R. Kurnatowska

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Monica Kurnatowska is a partner in the Firm's London office. She is a leading employment lawyer who is recognised by The Legal 500 and Chambers UK as a "highly respected, extremely impressive and an exceptional legal mind; she has a tremendous appreciation of the details." Monica is a member of the Consultation Board of PLC Employment Online and is a regular speaker at internal and external seminars and workshops.

In an article for PLC Magazine, Monica Kurnatowska and Rob Marsh outline employers’ obligations under the new EU Pay Transparency Directive. It considers key elements including pay reporting, pay transparency, pay assessments and equal value, and remedies and enforcement as well as the practical implications for employers in the EU and in the UK in the light of the UK’s withdrawal from the EU.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 is due to receive Royal Assent. The Act will introduce a new duty on employers to take reasonable steps to prevent sexual harassment and is expected to come into force 12 months after Royal Assent is granted. This duty will sit alongside employees’ existing protections from sexual harassment in the workplace.

Welcome to this edition of the “UK: Working with Unions” bulletin designed to keep you updated with key cases and legal developments affecting trade unions and employee representative bodies. This bulletin includes two decisions of the Court of Appeal: (i) on whether the Central Arbitration Committee has jurisdiction to hear complaints post Brexit where the European Works Council’s central management is situated in the UK, and (ii) on whether collective redundancies need a common rationale to constitute a transnational matter requiring consultation with the EWC. This bulletin also covers the successful judicial review challenge against regulations introduced in July 2022 to allow employment businesses to supply workers to cover the duties of those taking part in industrial action, and the Strikes (Minimum Service Levels) Act, which has recently received Royal Assent following much discussion and commentary.

In 2019, the government consulted on various measures to support families. It has now responded to chapter one of that consultation – Parental leave and pay: Supporting parents and achieving equality – and announced changes to the statutory paternity leave regime to give fathers and partners more choice and flexibility around how and when they take their entitlement.

In this fifth and final installment of ID&E IMPACT, our Labor and Employment team in the US and UK chat about what’s fueling the trending surge in pay equity audits, the risks and rewards, what organizations should keep top of mind in the pay equity review process, and what employers can expect as a result of the EU Pay Transparency Directive reporting requirement.

This bulletin covers the period of October 2022 to March 2023 and includes a decision of the Central Arbitration Committee (CAC) on the limitation period for bringing a Regulation 20 claim under the Transnational Information and Consultation of Employees Regulations 1999 and two interesting Employment Appeal Tribunal decisions considering: (i) whether the CAC has jurisdiction to hear complaints post Brexit where central management is situated in the UK, and (ii) whether the duty to inform and consult arises where collective redundancies are happening in multiple European Economic Area states but there is no common rationale for the redundancies.

Restructuring is commonly used by employers to weather the economic storm. For a dismissal to be fair, it needs to be for a fair reason (which includes redundancy) and follow a fair process. However, there are additional considerations that an employer should take into account where disabled employees are affected, which, if breached, could result in financial and reputational high value claims against the employer.

Ethnicity pay gap reporting in the UK remains voluntary. For organizations that choose to report this data, the government has now published guidance on how to do so, recommending that they mirror the rules on gender pay gap reporting where possible. The big difference is that ethnicity pay gap reporting involves multiple categories.