Employment Law Update

Presented byJennifer Jones

Partner (Barrister)Head of HR & Employment Law

Introduction

What is diversity in the workplace?

• Protected characteristics – gender, age, race, nationality, sexual orientation, disability, religion or belief

• A workforce that represents society

• Inclusive environment

The role of HR in the journey to equality

• Fun-spoiler?• Risk assessor• Maintenance operative• Auditor• Champion

The Business Benefits of a Diverse Workforce

• Cost• Resources• Marketing• Creativity

Government Policy

• Employment law amendments- removal of DRA - sickness absence review - increase in UDL qualifying period

• Tribunal rules amendment- Judges sitting alone for UDL- ET fees- Compensatory Award cap

• Flexible working practices

Government Policy

• Flexible working practices- working longer- sharing parental leave- increased maternity leave

Diversity and Discrimination

• Eweida v British Airways – Religion or Belief

• Redfearn v UK - political affiliation

Diversity and Discrimination

• Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminării– Sexual orientation discrimination- bearing the burden

Diversity and Discrimination

• Walker v SITA Information Network Computing Limited- Obesity

Diversity and Gender

“Breaking through the glass ceiling and avoiding the glass cliff”

- Women still earn 16.2% less than men

- Pay & Reward- Equal pay audits - Evaluating & designing jobs

Diversity and Discrimination

My hot diversity topics for 2013 & beyond•Managing mental health issues•Disability discrimination•Flexible working•Whistle-blowing•Equal pay

Implications for us

• One size does not fit all

• Being strategic

• Balancing legality, morality and business efficacy

Any questions