We have pulled together a summary of recent and forthcoming key developments to help you manage your diversity and equality challenges. We do hope you find it useful.
Global discrimination law guide
In an increasingly globalised world, legal and HR professionals need international guidance to help them identify, at a glance, areas of workplace discrimination risk. Designed to meet that need, our guide to global workplace discrimination summarises discrimination law in 12 key jurisdictions and adopts a risk based approach, providing snapshot information and key points to note.
Associative discrimination – latest developments
Recent cases have applied the concept of so-called ‘associative’ discrimination to indirect discrimination and victimisation claims, and in an on-going case, a claimant is arguing that it should also be applied to the duty to make reasonable adjustments.
Indirect discrimination – examining the reason for disadvantage
A recent judgment may make it harder for claimants to make out indirect discrimination in some cases after the Court of Appeal stressed the need to consider the nature of and reason for the claimed disadvantage.
Tribunal fees – here to stay for now
Unison’s attempts to have the Employment Tribunal fees regime quashed have suffered another setback, with the Court of Appeal rejecting the union’s claim that the fees regime is unlawful.
Gender pay reporting across Europe
As reported in the last edition of the Discrimination Law Review, the UK is introducing mandatory gender pay gap reporting by larger private and voluntary sector employers. However, the UK is not alone in demanding greater pay transparency from employers. In an article published earlier this year, we considered the EU gender pay gap and related gender pay duties in some other EU states.
Court of Appeal upholds UK law on survivors’ pension benefits for civil partners
The Court of Appeal has ruled that pension plans may restrict the entitlement of a surviving civil partner to a spouse’s pension to service on an after 5 December 2015.
Grandparents to share parental leave
The Government has announced plans to enable parents to share their entitlement to shared parental leave and pay with their child’s grandparents. The changes to the still-new regime are expected to take effect in 2018.
The European Commission has withdrawn a stalled proposal to extend EU rights to paid maternity leave. In its place the Commission is looking at a range of options to enable parents with children or those with dependent relatives to better balance caring and professional responsibilities. Further news is expected next year as to whether new legislation for some form of carers’ leave may be on the cards.
We can also expect the Commission to try to push through a controversial Directive aimed at getting a better gender balance in boardrooms of listed companies.
Managing religion or belief in the workplace – share your experience and feed in on new guidance
The Equality and Human Rights Commission are looking to talk to and promote organisations that are developing approaches to meet the religion or belief needs of their employees and/or customers. If you have successful ways of working that you would like to share, please get in touch with firstname.lastname@example.org.
The EHRC are also seeking views from employers on new guidance documents they are producing on freedom of expression and opting out of work duties. Please contact Kathleen Jameson at the address above if you are an experienced HR or diversity professional and would like to join a small group of employers at a roundtable event to discuss the guidance on the afternoon of 1 February 2016 (12pm – 3pm) at Eversheds’ office in London