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To date, the UK government has adopted a “pro innovation” approach to AI regulation, refraining from legislation. This has been with a view to enable the UK to keep pace with rapid developments in AI.  However, this looks set to change with the recent publication of a first draft Artificial Intelligence (Regulation and Employment Rights) Bill (“the Bill”), potentially marking the starting point for more formal regulation, particularly in relation to workplace decision making by AI. This blog explores what the Bill proposes by way of regulation, and some practical tips for what employers can be doing now.Continue Reading AI in the workplace – is regulation on its way in the UK?

2024 is set to be a busy year for employment lawyers and human resources professionals, with various new laws expected to come into effect during the course of the year which employers will need to proactively prepare for. We provide an at-a-glance guide of what changes take effect when.

At a glance: Key legislative changes for 2024

Continue Reading Anticipating changes: UK employment law for 2024

When an employer is insolvent and administrators appointed, job losses are often an inevitable consequence. In this blog we look at the legal obligations arising where redundancies meet the threshold for collective consultation, and the implications for administrators arising out of the recent Supreme Court in the case of R (on the application of Palmer) v Northern Derbyshire Magistrates Court and another.

When does the legal obligation to collectively consult apply?

Employers who are proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less must comply with specific collective consultation obligations under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

Whether or not this test is met is not always straightforward, particularly as ‘dismiss as redundant’ has a wide meaning to include any dismissals not related to the individual employee, so would include ‘fire and rehire’ dismissals in the context of facilitating a change to terms and conditions. Also, certain dismissals (e.g voluntary terminations) are counted, but others (e.g. expiry of a fixed term contract) are not.Continue Reading Collective redundancies on insolvency: administrators’ responsibilities and liabilities

In May 2023 we reported how the UK government made a series of announcements in respect of proposed reforms to two areas of law derived from the EU – the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and the Working Time Regulations 1998 (WTR) – and launched consultations on its proposals. The government has now published a response to those consultations and the reforms it intends will go ahead, and which ones will not. 

This blog explores the changes which will take effect, and which are expected to be in force from 1 January 2024.Continue Reading An update – Changes to post-Brexit UK employment law: What is next for working time and TUPE

How has the Bill changed?

The House of Commons have approved the Worker Protection (Amendment of Equality Act 2010) Bill (the Bill), albeit in a form that is significantly less onerous than had been originally proposed.

As originally proposed, the Bill would have:

  1. imposed liabilities on employers for failure to take “all reasonable steps” to protect their staff from third party harassment (essentially seeking to re-create protections that previously existed under the Equality Act 2010, which were removed by the Enterprise and Regulatory Reform Act 2003); and
  2. created a new legal duty for employers to take “all reasonable steps” to prevent sexual harassment of staff during the course of employment. This duty was stated to be enforceable by the Equalities and Human Rights Commission.

In the version of the Bill that was approved, item one above was removed in its entirety. Item two was recast to require the employer to take “reasonable steps”, rather than “all reasonable steps” to prevent the sexual harassment of their staff.

The net result is that rather than establishing a duty for employers to protect their employees against third party harassment on the basis of any protected characteristic, the Bill now only establishes a duty in relation to “sexual harassment”, as defined under the Equality Act 2010.Continue Reading Sexual harassment in the workplace: Update on the Worker Protection (amendment of Equality Act 2010) Bill in the United Kingdom

On 10 May the UK government made a series of announcements that affect employment law.

Firstly, a significant change to the Retained EU Law (Revocation and Reform) Bill means that we are no longer on tenterhooks about what EU laws will continue to apply. The sunset clause, which provided that EU law would be automatically…

The UK government has announced that it will support the Worker Protection (Amendment of Equality Act 2010) Bill (the Bill), which represents one of the most notable changes to UK workplace discrimination law since the 2010 Equality Act. The Bill imposes a proactive duty on employers to take all reasonable steps to prevent the harassment of its employees, including by third parties, with a compensation uplift where they fail to do so.

Why the Bill is being introduced

In 2018, the Women and Equalities Select Committee (WESC) published a damning report on the prevailing extent of sexual harassment in the workplace. This report, along with campaigns by the Fawcett Society and other groups, led to the UK government undertaking its own consultation from 11 July to 2 October 2019, which found that 54% of respondents had experienced harassment at work.

High-levels of harassment, and notably sexual harassment, in the workplace has been common place for years. The 2022 Gender Equality in the Workplace report by Randstad found that 72% of the 6,000 women polled had experienced or witnessed harassing behaviour by male colleagues, and that 67% of them had experienced some form of gender discrimination. 32% of the women polled felt that their careers had been affected by sexual harassment.

Studies have shown that harassment is not limited to male colleagues, but is also inflicted by third parties. A 2018 report by the TUC found that 36% of 18-34 year olds who have experienced some form of workplace harassment said that the perpetrator was a third party.Continue Reading Tracking the progress of the Worker Protection (Amendment of Equality Act 2010) Bill

The 2022 winter work party season is upon us, providing the first real opportunity in a few years for end-of-year celebrations. Whether at company, location, or team level, seasonal gatherings provide a chance for employers to thank staff for their hard work and for everyone to relax, socialise and have some fun with their colleagues. Yet without careful thought and planning, they can be problematic for employers who can find themselves faced with fallout from the festivities.

Here are our top tips and reminders for UK employers:

  1. See the party as an extension of the workplace: Just because an event is taking place outside working hours or at an external venue does not mean it is not ‘work’. Workplace policies continue to apply, and employers may find themselves vicariously liable for the actions of their employees, particularly in respect of discrimination and injury. 
  1. Work parties should not be compulsory: Inclusivity should be at the core of party organisation (see below) but there are a variety of reasons why someone may not want to, or be able to, attend (and for many events it could be impossible to schedule something which works for everyone). Any concerns about attendance should be addressed, and no-one should be put under pressure to go along or be treated differently as a result of attending (or not).
  1. Beware of discrimination risks when organising events: When planning events, organisers should be as inclusive as possible, remembering for example that days or times chosen may preclude certain people (e.g. with childcare or caring responsibilities or religious observances) from attending; locations will need to accommodate any disabled workers; and food and drink options should meet all religious, cultural and dietary requirements. 
  1. Respect different religions and cultures: Employers should remain mindful that the winter period coincides with festivals and events for different religions (e.g. Christmas and Hanukkah) but that not everyone will celebrate these for religious or other reasons. Employers should avoid focussing on any particular celebration, and be careful with language to promote inclusivity. 

Continue Reading Get the party started: Preventing HR issues at work events

The football World Cup takes place in Qatar between 20 November and 18 December 2022, and many workers across the UK will want to follow the tournament. However, with many of the matches taking place during the working day or on a weekday evening, there are potential implications in the workplace. Here are our top tips for employers:

  1. See the tournament as an opportunity: Handled correctly, embracing the World Cup could help with employee engagement without having a detrimental impact on productivity. Actively addressing how the tournament sits along work commitments means that a balance can be struck between getting work done without the football acting as a distraction.
  1. Be flexible: Where possible, and within reason, allow employees to adjust their hours or place of work to accommodate them watching certain matches. This may necessitate longer or later lunch breaks, adjusting start and finish times, tweaking rotas, or switching work from home days. The requirements for approval should be made clear, as should whether (and if so, how) any lost hours should be made up, or taken out of annual leave entitlements.
  1. Accommodate annual leave: Managers should be prepared for short notice requests for (or cancellations of) annual leave, particularly in the later stages of the tournament, and be timely, understanding and consistent when considering such requests, even if they fall outside any usual holiday approval protocols.
  1. Monitor sickness absence: Absence on days of, or the day after, certain matches may give rise to concerns about whether the sickness is genuine, or has been brought about by e.g. excess alcohol. While employers should not be quick to make assumptions, and a one-off may be tolerated, inappropriate, repeated or regular absences demonstrating a pattern of behaviour may need to be addressed through sickness or, if appropriate, disciplinary policies.

Continue Reading Avoiding an own goal: Managing employment issues during the World Cup