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In this report, we take a closer look at Latin America’s I&D landscape through the eyes of our local experts. While legal frameworks aimed at addressing inequality in the workplace have been slow to evolve, organizations in LATAM are getting ahead of lawmakers, implementing more evolved I&D strategies as they seek to respond to stakeholder and shareholder demand and to attract the next generation of workers

The Minister for Work and Pensions and Minister for Women has confirmed that the government is not currently planning to introduce menopause as a protected characteristic under the Equality Act or to implement dual discrimination. Instead, the government will consult the Equality and Human Rights Commission, and Acas, to assess whether improvements can be made to increase understanding of the law in this area.

Provisional Measure 1,116 was published on 5 May 2022. The measure implemented the ‘Programa Emprega + Mulheres e Jovens,’ a program to include and maintain women and young people in the labor market. Also published was Decree 11,061, which provides for the right to professionalization of underage and young people through professional learning programs.

In an article published for ELA briefing, Stephen Ratcliffe discusses the implications of two IR35 appeals: Kickabout House and Atholl House, with Chris Stone from Devereux Chambers. Of particular interest to employment practitioners is what they say about the determination of employment status generally, and what may be a material difference in the way in which employment misclassification issues should be approached as regards employment rights versus tax rights.

On 30 May 2022, the Swiss Federal Supreme Court rendered two landmark decisions relating to the legal qualification of platform work. Platform work is a relatively new term for organizing paid work through digital platforms. Users access workers through online digital platforms for a wide range of paid services. The legal definition of platform work raises numerous legal questions, some of which were addressed by the court in two decisions rendered on 30 May 2022.

In two recent cases, the Court of Appeal has provided some guidance on the test to determine if someone is an employee for tax purposes. In doing so, it considered and, in some key respects, distinguished the approach taken when determining whether someone is an employee or worker for the purposes of employment rights. The result may well be a different answer when determining status for tax purposes from the answer for the purposes of employment rights.

On 24 February 2022, the Russian Federation launched a full-scale military invasion of Ukraine. The martial law is in effect in Ukraine since then. As a result, special legislation has been adopted in various areas, including that directly affecting business activity. Baker McKenzie lawyers are pleased to present the fourth edition of Ukrainian Laws in Wartime: Guide for International and Domestic Businesses, a brief overview of the key features of wartime legislation.

The Regulator has responded to its September 2021 consultation on three draft policies relevant to how it will exercise its new anti-avoidance powers, which are intended to help protect defined benefit savings. The most recent policies follow on from the policy on the investigation and prosecution of the new criminal offences, which was published in September 2021 and provide further guidance on three specific areas: overlapping powers, the new GBP 1million civil penalty and information gathering. Separately, the Regulator has also issued a new consultation on two policies consolidating and updating certain existing policies on enforcement and prosecution.