In today’s working world, transparency is not a box to tick but a new and very real workforce reality. Evolving reporting requirements, intensifying stakeholder pressure (both internally and externally) and increasing recognition of what it means to be a responsible business are shaping how organizations disclose information about – and subsequently respond to – their workforce priorities.
Defining, identifying and addressing inappropriate workplace behavior is increasingly a business-critical issue. Although local differences apply, many jurisdictions have similar legal requirements for protection of employees. This article explores the current legal framework, as well as the risks and litigation landscape, in the United Kingdom, Spain, the Netherlands, South Africa and the United Arab Emirates.
The employment tribunal ruled that a Christian actor was not discriminated against because of religion or belief when she was dismissed from the role of a lesbian character and her agency terminated her contract following a social media storm after an old Facebook post was discovered saying that she believed homosexuality to be a sin.
The Supreme Court has ruled that section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) which does not prevent employers from taking action short of dismissal in response to striking employees is incompatible with Article 11 of the European Convention of Human Rights (ECHR). Although the declaration of incompatibility does not affect the validity or operation of section 146, it will put pressure on the government to legislate to correct the position, and employers are likely to be mindful of the decision when considering action short of dismissal in response to industrial action. Detriments for participation in industrial action, such as removing discretionary benefits from those who take part, currently remain lawful, so long as the detriments in question aren’t so severe as to constitute a constructive dismissal.
An employment tribunal has held that the University of Bristol’s decision to dismiss a professor based on comments he shared regarding his protected anti-Zionist beliefs was both an unfair dismissal and unlawful discrimination because of his protected belief.
The Presidents of the Employment Tribunals (England & Wales and Scotland) have issued Presidential Guidance updating the Vento bands for damages for injury to feelings and psychiatric injury in discrimination claims.
An employer did not breach its duty to make reasonable adjustments for an employee with a stammer when it held internal promotion interviews via video conference. The employee’s stammer made him curtail his answers in the interview, which negatively affected his assessment. However, he had not told his employer that his stammer might have this effect and, on the facts of this case, the employer was reasonable in not realizing it.
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.
On 7 February 2024, the Thailand Board of Investment (BOI) issued several investment promotion measures under the announcements as follows: 1) Investment Promotion Measure for Social and Local Development 2) Retention and Expansion Program 3) Relocation Program 4) Investment Stimulation Measure for Economic Recovery
In this article originally published in Risk & Compliance Journal written by Baker McKenzie employment and financial services regulatory experts, we explore the diversity and inclusion proposals recently put forward by the UK financial services regulators.