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UK: Indirect age discrimination: applying new policy to existing staff may not be justified
The introduction of a new policy, such as qualification requirements for a particular job, can potentially amount to indirect discrimination in relation …
UK: Post-employment conduct: whistleblowing disclosures protected; victimisation not prohibited by Equality Act
Case law has established that subjecting an employee to detriment post-employment for a whistleblowing disclosure made during employment is …
UK: Unfair dismissal: tribunals should not normally look behind a final written warning
It is reasonable for an employer to take a current, final written warning into account when dismissing for subsequent misconduct, provided it was issued …
UK: Redundancy: use of competency assessment as selection criterion was unfair
Selection for redundancy based mainly on performance in a competency assessment carried out by HR, without reference to past appraisals or input from …
UK: Union recognition: existence of "sweetheart" union recognised only for peripheral rights will not thwart application
The Central Arbitration Committee has ruled that an independent union's application for statutory recognition cannot be thwarted by the existence of a …
UK: Enterprise and Regulatory Reform Bill: amendments to whistleblowing, financial penalties on employers, dismissal for political opinion/affiliation
The Government has proposed, and the House of Lords approved, a number of amendments to the Enterprise and Regulatory Reform Bill: The …
UK: Consultations on Acas Codes: settlement discussions and flexible work requests
Acas has published an initial draft Code on settlement discussions, for consultation until 9 April 2013. This relates to the provisions in the …
UK Government consultation: provisions for administering shared parental leave
The Government is consulting until 17 May 2013 on how the shared parental leave scheme to be introduced in 2015 (see here) should be …
UK: New resources - February 2013
EHRC's explanation of the recent ECtHR ruling in Eweida and others and practical guidance to employers about dealing with religion or belief issues …
CRD IV - EU Bankers' Bonus Cap
The European Commission intends to replace the existing Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD) with a regulation and a …
AIFMD: final Guidance on remuneration provides some further clarity but leaves many questions unanswered
The European Securities and Markets Authority ("ESMA") has published its final guidance to regulators on the remuneration provisions of the Alternative …
UK: Timetable for employment law reforms
BIS has published its Fifth Statement of New Regulations confirming plans to implement changes to the Equality Act 2010 (removing third party harassment …
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