BCLP recently hosted a seminar on AI in HR. In this thought-provoking session, we considered how AI is used in HR and its regulation in the EU and the UK, and then engaged in some discussions around two theoretical scenarios....more
12/11/2024
/ Artificial Intelligence ,
Employment Policies ,
EU ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Human Resources Professionals ,
Information Commissioner's Office (ICO) ,
International Labor Laws ,
Recruitment Policies ,
Regulatory Standards ,
Risk Management ,
UK
This week we look at a case that covers the issue of what constitutes proper lawful consultation in smaller scale redundancies (fewer than 20). In particular, the case looks at whether there a need for group consultation, and...more
This week we mark the introduction on 26 October of the duty to take reasonable steps to prevent sexual harassment, and consider a few recent cases showing that this is a workplace issue that refuses to go away Last Saturday...more
This week we summarise three very recent developments in employment law, one involving the Employment Rights Bill (ERB) and two new cases....more
This week we cover certain selected areas of the Employment Rights Bill, published on 10 October 2024. It is Labour’s flagship employment legislation....more
After a slightly extended summer break, we return with a summary of the new sexual harassment rules due to come into force in just over two weeks....more
10/10/2024
/ Amended Legislation ,
Best Practices ,
Compliance ,
Compliance Dates ,
Employer Liability Issues ,
Employment Policies ,
Employment Tribunals ,
Equality Act ,
Equality and Human Rights Commission (EHRC) ,
New Guidance ,
Policies and Procedures ,
Risk Assessment ,
Sexual Harassment ,
UK
This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more
8/9/2024
/ Breach of Contract ,
Conciliation ,
Employer Liability Issues ,
Employment Tribunals ,
Holiday Pay ,
Payroll Deductions ,
Statute of Limitations ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Unpaid Wages
This week, we explore and offer practical guidance on neurodiversity, a workplace issue that, much like the menopause, has developed substantially over the past few years and is now a part of Labour’s employment law reform...more
This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more
7/26/2024
/ Adoption ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
European Convention on Human Rights ,
Freedom of Religion ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Beliefs ,
Religious Discrimination ,
Same-Sex Marriage ,
Social Networks ,
UK
Welcome to the new Two Minute Weekly.
Following requests from readers, we are changing the format of our employment law newsletter. It will now be weekly and will feature as it did before news items and new cases....more
7/18/2024
/ Compensation ,
Compliance ,
Consultation ,
Draft Guidance ,
Employer Liability Issues ,
Employer Responsibilities ,
Equality and Human Rights Commission (EHRC) ,
Human Rights ,
International Labor Laws ,
Sexual Harassment ,
Third-Party ,
UK
Following last week's insight on employment status, we focus this week, just before the election, on the issue of Ethnicity and Disability (E&D) Pay Gap Reporting....more
7/3/2024
/ Compliance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Labour Code ,
Pay Gap ,
Proposed Amendments ,
Race Discrimination ,
Reporting Requirements ,
UK
Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...more
6/28/2024
/ Artificial Intelligence ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
Equality Act ,
EU ,
European Convention on Human Rights ,
Gender Identity ,
Human Rights ,
Protected Activity ,
Redacted Documents ,
Redundancy Dismissals ,
Religious Expression ,
Remote Working ,
Technology Sector ,
UK ,
UK Employment Appeal Tribunal
Following last week's pre-election guide on qualifying periods and statutory time-limits, we focus this week on Labour’s plan to simplify the law on employment status....more
Following last week's insight, "Labour's manifesto and employment law - what can employers expect?", we focus this week on the specific issue of removing qualifying periods and increasing statutory time limits....more
Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more
5/30/2024
/ Disability ,
Disability Discrimination ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Information Reports ,
Pay Gap ,
Sexual Harassment ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblowers
Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more
4/30/2024
/ Age Discrimination ,
Artificial Intelligence ,
Bias ,
Disability Discrimination ,
Employer Liability Issues ,
Equality Act ,
Flexible Work Arrangements ,
Hiring & Firing ,
Human Resources Professionals ,
Non-Disclosure Agreement ,
Racial Bias ,
Sex Discrimination ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblowers ,
Work Schedules
Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more
3/28/2024
/ Employment Discrimination ,
Employment Tribunals ,
Equal Pay ,
Financial Services Industry ,
Gender Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Jurisdiction ,
Pay Gap ,
Ports ,
Redundancy Dismissals ,
Religious Beliefs ,
Remote Working ,
Sex Discrimination ,
Termination ,
UK ,
UK Employment Appeal Tribunal
Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what...more
2/28/2024
/ Appeals Tribunals ,
Employment Discrimination ,
Employment Litigation ,
Employment Rights Act ,
European Convention on Human Rights ,
Human Resources Professionals ,
Job Applicants ,
Joint and Several Liability ,
Legislative Agendas ,
New Guidance ,
Political Parties ,
UK ,
Unfair Dismissal ,
Unfair Labor Practices ,
Wage and Hour ,
Whistleblowers
Our January update includes a new Court of Session case giving (a degree of) certainty on settlement agreements prohibiting future unknown claims and a new case on constructive dismissal focusing on the rules around delaying...more
2/1/2024
/ Employment Contract ,
Employment Litigation ,
Flexible Work Arrangements ,
Grievance Process ,
Paternity Leave ,
Proposed Legislation ,
Settlement Agreements ,
Sexual Harassment ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Work Schedules
Are Transgender Individuals “Women” Under the Equality Act 2010, Bringing New Whistleblowing Claims Already Dismissed and Settled Under a COT3, the Necessity of Early Redundancy Consultation, and a General News...more
Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more
11/30/2023
/ Arbitration ,
Bonuses ,
Clawbacks ,
Consultation ,
Employment Litigation ,
Employment Tribunals ,
European Convention on Human Rights ,
Gig Economy ,
Independent Contractors ,
International Labor Organization (ILO) ,
Judicial Review ,
Resignation ,
Restraint of Trade ,
TUPE ,
UK ,
UK Employment Appeal Tribunal ,
UK Supreme Court ,
Unions ,
Wage and Hour
This blog follows on from recent developments in the US regarding affirmative action. Introduced in the early 1960s, affirmative action increased the representation of women and minorities in areas of employment, education...more
The Worker Protection (Amendment of Equality Act 2010) Bill (the Act) recently received Royal Assent and will come into force in October 2024.
Although there is no clue in the title, the Act is concerned exclusively with...more
Our October update includes a significant Supreme Court decision on how to treat historic underpayments of holiday pay, a preliminary tribunal hearing on whether a belief in race equality that opposed critical race theory was...more
10/31/2023
/ Blacklist ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Rights Act ,
Employment Tribunals ,
Equality Act ,
Hiring & Firing ,
Holiday Pay ,
Information Commissioner's Office (ICO) ,
Race Discrimination ,
Redundancy Dismissals ,
UK Employment Appeal Tribunal ,
UK GDPR ,
UK Supreme Court ,
Underpayment ,
Unfair Dismissal ,
Wage and Hour
Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more
9/28/2023
/ Disability Discrimination ,
Employee Incentive Plans ,
Employee Rights ,
Employee Stock Purchase Plans ,
Employer Liability Issues ,
Employment Contract ,
Gender Identity ,
Hiring & Firing ,
Hostile Environment ,
PHI ,
Sick Leave ,
Transgender ,
TUPE ,
UK