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Employers introduce dress or ‚appearance‘ codes for various reasons, such as to protect health and safety or to portray a particular image. The new report, published jointly by the House of Commons Petitions Committee and the Equalities Committee, emphasises that employers should remain alert to potential discrimination (e.g. on grounds of sex, race, religion or age) that can be caused by some dress codes, as well…
A recent headline could put fear in the hearts of general counsel and HR professionals alike. A restaurant franchisee in Ohio shells out $ 1.4 million to settle a sexual harassment case brought by the U.S. Equal Employment Opportunity Commission on behalf of multiple women. In that case, EEOC v. E. Columbus Host, LLC, the EEOC claimed a restaurant manager engaged in egregious sexual harassment…
The political scene in the UK has inevitably been dominated in recent months by the vote narrowly in favour of “Brexit” in the referendum on EU membership last June and its associated political fallout. This led, among other things, to David Cameron’s resignation as prime minister and leader of the Conservative party and his replacement by Theresa May. One consequence of all this furore is…
The CJEU found that a provision in a scheme’s rules which required members to marry before the age of 60 for full survivors’ benefits to be payable did not constitute discrimination on the grounds of age or sexual orientation. This was despite the fact that it was legally impossible for the claimant to enter into a civil partnership or same sex marriage before reaching that…
A UK employment tribunal has ruled that drivers engaged by Uber are “workers”, not self-employed contractors, meaning they will be entitled to national minimum wage, paid annual leave and whistleblower protection. Background The taxi-hailing firm has attracted significant media interest over its business model since its launch in the UK. Service users can hail a cab via an app which the drivers access and then…
The Government may argue in the Supreme Court that its Article 50 notice to leave the European Union may be revoked, according to press reports. This would be the exact opposite of what it argued in the High Court, which noted that it was “common ground between the parties that a notice under Article 50 cannot be withdrawn, once it is given”. It is, however, a…
More than half the women surveyed by the TUC earlier this year said that they had been sexually harassed at work, with most admitting they had not reported it. But British women are not the only ones to be subjected to unwanted sexual advances, inappropriate jokes and comments, or groping in the workplace. In Australia, for example, research suggests that the rate of sexual harassment has…
The UK referendum outcome to leave the European Union has opened a Pandora’s box of what the legal landscape may be in the UK after Brexit. However, such is not the case, to a great extent, for the data protection law regime which will be applicable in the UK in the post- Brexit era. The current Data Protection and Cyber security regime Last month the…
The UK Parliament’s Women and Equalities Committee recently highlighted a “shocking” increase in workplace pregnancy discrimination, with the number of expectant and new mothers forced to leave their jobs almost doubling since 2005. Although such discrimination is already unlawful, the select committee has called for German-style employment rights which go much further to protect women in these circumstances. The committee has also called for a big reduction…
Most of the time, taking medication in the workplace creates no problems. Most prescription drugs have little impact on an employee’s ability to work safely. Some drugs, however may affect the employee’s safety or ability to focus. There is therefore considerable potential for prescription drugs to raise problems in the workplace. Indeed, when faced with this issue, employers, who generally have a safety obligation towards…