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 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.

The EU has reached a political agreement on long-mooted proposals for board gender quotas. If finalized, listed companies would need to ensure that either 40% of their non-executive directors or 33% of all directors are from the underrepresented gender by June 2026. Some jurisdictions may be exempt from implementing the new rules to some extent where existing national provisions already meet minimum requirements set out in the proposed directive.

In this article, we highlight some key decisions and legislation of which employers should be aware in 2022 such as the Employment Bill, increase in statutory pay rate in April 20202 and decisions on discrimination and holiday pay

Following on from part one of our two-part virtual mini-series “Back in the office: The evolving debate on vaccine mandates, and other Covid-safe measures”, in part two, Stephen Ratcliffe and Richard Cook dissect two particularly thorny issues that employers are currently dealing with in relation to the return to the office: reluctant returners and tensions surrounding vaccinations and the wearing of masks.

On 19 July 2021, most COVID-19 related restrictions were lifted in England. However, the government cautioned against an immediate full return to the office, saying that it expects and recommends a gradual return over the summer, emphasizing employers’ obligations to ensure a safe place of work.

Indirect sex discrimination claims about working patterns and hours are sometimes based on the premise that women are less able than men to comply with an employer’s requirements because they are more likely to have childcare responsibilities.

The Employment Appeal Tribunal (EAT) has held that the lack of protection from detriment for participating in industrial action under section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) was a breach of Article 11 of the European Convention of Human Rights (ECHR) which guarantees the right to freedom of assembly and the right of workers to form and join trade unions. The EAT held that it was possible to read such protection into section 146.