With effect from 1 January 2024, the government amended the Equality Act 2010 (EqA) to include associative indirect discrimination claims, with the stated aim of replicating and preserving existing EU case law. The EAT has confirmed that such claims were possible in relation to events occurring prior to 1 January too, under then-applicable principles of EU law. This means that where an employer applies a provision, criterion, or practice (PCP) which puts people with a particular protected characteristic at a disadvantage, and where the claimant also suffers that same disadvantage, the claimant does not need to have the same protected characteristic as the disadvantaged group. (BA v Rollett and Ors, EAT).
The UK Government passed the long-awaited Digital Markets, Competition and Consumers Act (DMCC) on 24 May 2024.
The DMCC will bring radical change to the enforcement of consumer law in the UK, introducing new powers for the CMA to issue direct fines of up to 10% of global annual turnover for breaches. This spotlight series will focus on the substantive changes to consumer law introduced by the DMCC, and how it compares to the position in the EU.
In an article published in Compliance & Risk Journal, John Bracken and Lorren Martin explore the issue of non-financial misconduct in UK financial services firms, and how best to manage the potential risks.
In an article published in HR magazine, David Woodward gives advice on what businesses should consider when conducting a workplace investigation.
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 UK will have a general election on 4 July 2024, which will decide who the next government will be. The political parties have been publishing their employment and HR-related proposals, which we summarize in this article. We have limited ourselves to Labour, the Conservatives, Reform, the Liberal Democrats and the Green Party, as the current top-polling parties fielding candidates throughout Great Britain.
On 16 May 2024, the government launched a consultation concerning TUPE and European Works Councils (EWCs). There are three proposals under consultation: (1) Overturn the concept of split assignment in a TUPE transfer (where an employee’s contract of employment could be split between two transferees). (2) Confirm that TUPE only covers employees, not workers. (3) Repeal the remaining post-Brexit EWC legislation, which will likely see the end of any statutory obligations to maintain an EWC in the UK.
As the UK’s Parliament has now been dissolved until the general election on 4 July 2024, most draft legislation will no longer proceed. However, some unfinished business is passed through agreement between the government and the opposition parties in what is known as the “wash up” process. These include laws on non-disclosure clauses, fair allocation of tips, additional paternity leave where the mother (or primary adopter) of a child dies, and the statutory code on fire and rehire.
Discussion of AI adoption in the workplace seems to have reached fever pitch in recent months – with good reason. In this article for IEL, we summarize the current legal framework and regulatory attitudes, and venture our insights into what employers can realistically do now to mitigate legal risk and put them in the best position with respect to future developments.
In an article published for Law360, Jon Tuck, Richard Cook, and Megan Clarkson Bowly discuss the implications of the Supreme Court’s decision in Mercer v. Alternative Futures Group, considering whether workers participating in industrial action are protected from action short of dismissal under the Trade Unions and Labour Relations (Consolidation) Act 1992.