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Employer loses discrimination claim after trying to reduce gender pay gap
28 July 2021An Employment Tribunal decision involving an ad agency has highlighted the dangers for employers of taking an overly aggressive approach to reducing gender pay gaps. It also provides a reminder that all discrimination is unlawful, even where the victims are from a historically privileged group.
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‘Gender critical’ beliefs are protected philosophical beliefs
16 June 2021The Employment Appeal Tribunal has ruled that “gender critical” beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in “gender identity” is also a protected characteristic. This means that it is unlawful to discriminate against someone because they do or do not hold either of those beliefs.
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Diversity leadership – why Gareth Southgate has played a blinder
16 June 2021There are instructive lessons for business leaders and diversity managers in the way the England manager has conducted himself in the run-up to and early stages of the European football championship.
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European Court confirms Tesco employees can make equal pay comparison based on EU law
03 June 2021The European Court of Justice has confirmed that Tesco shop workers can rely directly on European law in order to compare themselves to distribution centre workers for the purposes of an equal pay claim.
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‘Adjusted’ gender pay gaps - an alternative approach to gender pay gap reporting?
04 May 2021Calculating an “adjusted” gender pay gap could provide useful context to an employer’s gender pay gap statistics and reveal systemic bias. But what is an adjusted gender pay gap and how is it calculated?
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A right royal checklist for the workplace
31 March 2021The royal family’s recent diversity review has put the importance of workplace diversity and inclusion initiatives in the spotlight. But what are the best tools for achieving lasting change in this area?
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Ethnicity pay gap reporting: new legislation looks unlikely after report by Commission on Race and Ethnic Disparities
31 March 2021Ethnicity pay gap reporting should be voluntary, according to a new report published by the Commission on Race and Ethnic Disparities.
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Gender pay gap reporting – six-month deadline extension announced
25 February 2021Employers must report their gender pay gap statistics relating to the “snapshot date” of 5 April 2020, but they now have until 4 October 2021 to do so following an extension of the deadline due to the impact of Covid-19.
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Lewis Silkin participate in Law Society LGBT+ podcast on bullying and harassment
25 February 2021Two members of Lewis Silkin’s Diversity Board discuss issues faced by the LGBT+ community.
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Accent discrimination codeswitching and the Equality Act
21 January 2021A recent French law has banned discrimination against someone because of their regional accent. This article examines the UK legal position in relation to accent discrimination and goes on to consider the related issue of “codeswitching” and its potential negative impacts.
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The importance of anti-racism in the workplace
19 January 2021In this article Seema Mitra explores the importance of anti-racism in the workplace.
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Long Covid – what implications does it have for employers?
01 December 2020This article explores the growing phenomenon of “Long Covid” – the continuation of serious symptoms and effects for a significant period after a person’s initial Covid-19 infection and illness. Is disability discrimination law likely to apply in this context and how should employers approach this issue?
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Counting the cost – Court of Appeal rules that budget considerations can justify indirect discrimination
12 November 2020If an employer has a policy which is indirectly discriminatory and the employer’s aim is no more than saving money, the Court of Appeal has ruled that this cannot justify the discrimination. However, needing to balance the books can potentially be a valid justification for indirect discrimination.
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What’s going on with gender pay gap reporting?
11 November 2020The obligation on employers with 250 or more employees to report their last set of gender pay gap statistics was suspended on account of Covid-19, but they now face difficult challenges in preparing the next round of reporting.
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Face coverings and the workplace
01 October 2020This article sets out our updated analysis of the current rules regarding face coverings at work and some of the practical issues that arise for employers.
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Employment law and nonbinary people - what employers need to know
15 September 2020In this article, we discuss the current position under the Gender Recognition Act 2004 and the Equality Act 2010 and suggest some practical steps employers can take to support employees of all genders.
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Positive action speaks louder than words - five principles for employers
02 September 2020This article explores the legal limits of positive action in the workplace, including the situations where it is permissible to give preferences on gender or ethnicity grounds to make up for historic lack of opportunity, and what employers can and cannot do to improve diversity in their shortlists or hiring slates.
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Flexible working post Covid-19 - sea change or nothing new?
13 August 2020The coronavirus pandemic and resulting lockdown has caused millions to work from home for the first time - an experience likely to cause a surge in requests for flexible working arrangements once most employees are asked to return to the workplace. This article considers the legal position and the practicalities for employers in dealing with flexible working requests.
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Race discrimination complaints in the workplace and how to address them
11 June 2020With Black Lives Matter protests taking place across the UK and around the world, many businesses have been publicly stating their commitment to equality and the BLM movement. But what happens when the experience of current or former BAME (black, Asian and minority ethnic) employees is alleged not to live up to that standard?