ab © mishcon de reya the lifecycle of an employment relationship: a guide to avoiding...
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WWW.MISHCON.COM © MISHCON DE REYA
The Lifecycle of an Employment Relationship: A Guide to Avoiding Discrimination Pitfalls
Jennifer MillinsSusannah Kintish
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WWW.MISHCON.COM © MISHCON DE REYA2
MISHCON DE REYA: WHO ARE WE?
— 104 partners and legal directors and over 300 lawyers— Core departments:
– Corporate– Dispute Resolution : largest group of international injunction specialists in England– Employment : one of the largest employment departments in London– Private– Real Estate
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THE LIFECYCLE OF AN EMPLOYMENT RELATIONSHIP
Recruitment During Employment Termination
Redundancies & other dismissals
Victimisation
Maternity
/paternity leave
Performance management
Training
Promotion
Pay reviews
Advertising roles
Identifying &
shortlisting
candidates
Interviewing
Accommodating disabilities
Flexible working
Grievances
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PROTECTED CHARACTERISTICS (AND FRIENDS)
Protected Characteristics:
- Sex- Pregnancy/maternity- Marriage/civil partnership- Race- Religion or belief- Sexual orientation- Gender reassignment- Age- Disability
Other s with protected status:
- Part-time workers- Fixed-term workers- Agency workers
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THE LIFECYCLE OF AN EMPLOYMENT RELATIONSHIP
Recruitment During Employment Termination
Redundancies & other dismissals
Victimisation
Maternity
/paternity leave
Performance management
Training
Promotion
Pay reviews
Advertising roles
Identifying &
shortlisting
candidates
Interviewing
Accommodating disabilities
Flexible working
Grievances
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RECRUITMENT PROCESS
• Scope of the role• Full-time, part-time, fixed term
• Advertising the role
• Identifying candidates and short-listing
• Beware subconscious bias
• Interview process
• Medical Questionnaires
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1. RECRUITMENT PROCESS
Subconscious Bias
High Warmth
Low Warmth
Low Competency
High Competency
Pity Admiration
Contempt
Distrust
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THE LIFECYCLE OF AN EMPLOYMENT RELATIONSHIP
Recruitment During Employment Termination
Redundancies & other dismissals
Victimisation
Maternity
/paternity leave
Performance management
Training
Promotion
Pay reviews
Advertising roles
Identifying &
shortlisting
candidates
Interviewing
Accommodating disabilities
Flexible working
Grievances
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DURING EMPLOYMENT
• Flexible working
• Family friendly policies• Shared parental leave• Pregnancy & maternity
leave
• Culture• Culture of firm• Individual teams• Particular
habits/practices
• Training staff on diversity policies• Encourages inclusive
attitudes• Increases employee
awareness • Reasonable steps
defence
• Ongoing monitoring of the make-up of workforce• Keep accurate and up to
date records• Helps identify diversity
issues
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PROMOTION AND CAREER DEVELOPMENT
• When selecting for promotion, you should follow the same principles as for recruitment.• Advertising promotions• Promotion criteria• Applications • Interviews • Ongoing monitoring
• Equal pay
• Positive discrimination
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THE LIFECYCLE OF AN EMPLOYMENT RELATIONSHIP
Recruitment During Employment Termination
Redundancies & other dismissals
Victimisation
Maternity
/paternity leave
Performance management
Training
Promotion
Pay reviews
Advertising roles
Identifying &
shortlisting
candidates
Interviewing
Accommodating disabilities
Flexible working
Grievances
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TERMINATION
• Generally, employers must ensure that they:• have a fair reason for dismissal, follow a fair procedure and act fairly
and reasonably (so as to avoid unfair dismissal);• comply with the terms of the employment contract, particularly as
regards the employee's notice period (so as to avoid wrongful dismissal); and
• do not discriminate unlawfully.
• Fair reasons for dismissal
• Automatically unfair dismissals
• Discriminatory dismissals
• Victimisation
• Redundancies
• Damages for discrimination
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WWW.MISHCON.COM © MISHCON DE REYA13
THE LIFECYCLE OF AN EMPLOYMENT RELATIONSHIP
Recruitment During Employment Termination
Redundancies & other dismissals
Victimisation
Maternity
/paternity leave
Performance management
Training
Promotion
Pay reviews
Advertising roles
Identifying &
shortlisting
candidates
Interviewing
Accommodating disabilities
Flexible working
Grievances
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WWW.MISHCON.COM © MISHCON DE REYA14
ANY QUESTIONS?
Jennifer MillinsLegal DirectorE: [email protected]: + 44 20 7440 7137
Susannah KintishAssociateE: [email protected]: +44 20 7440 7166