ab © mishcon de reya the lifecycle of an employment relationship: a guide to avoiding...

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The Lifecycle of an Employment Relationship: A Guide to Avoiding Discrimination Pitfalls

Jennifer MillinsSusannah Kintish

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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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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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ANY QUESTIONS?

Jennifer MillinsLegal DirectorE: jennifer.millins@mishcon.comT: + 44 20 7440 7137

Susannah KintishAssociateE: susannah.kintish@mishcon.comT: +44 20 7440 7166