WorkLife: Employment policies

Our thoughts on the world of employment law - and beyond.

Considering whether to enhance shared parental pay? Some practical tips for employers

Considering whether to enhance shared parental pay? Some practical tips for employers

A couple of weeks ago, the Employment Appeals Tribunal ( EAT ) confirmed  in Capita v Ali that failing to enhance shared parental leave pay ( EShPP ) in line with enhanced maternity pay ( EMP ) is not direct discrimination. In doing so, the EAT overturned the original decision of the Employment Tribunal. The EAT concluded that a woman on maternity leave is not comparable to a man on shared parental leave; the purpose of shared parental leave is fundamentally different.  

When will an employer be deemed to have constructive knowledge of an employee’s disability?

When will an employer be deemed to have constructive knowledge of an employee’s disability?

The Court of Appeal recently considered, in the case of Donelien –v- Liberata UK Limited [2018] EWCA Civ 129, when an employer will have constructive knowledge of an employee’s disability.

Late Nights, Early Mornings

Late Nights, Early Mornings

We’re long familiar with the concept of a ‘provision, criterion or practice’ (PCP) for the purposes of an indirect discrimination claim. The degree of ‘coercion’ involved in a PCP was analysed by the Court of Appeal in a decision from last month, in the case of United First Partners Research v Carreras.

The powerful effect of organisational culture - preventing sexual harassment in the workplace

The powerful effect of organisational culture - preventing sexual harassment in the workplace

As sexual harassment cases continue to dominate the headlines, there are a number of questions we are all asking. How widespread is this behaviour? Is this the tip of the iceberg? Are certain industries and professions more vulnerable than others? After decades of equality legislation, why are these cases emerging now? Why has unacceptable behaviour remained unchallenged for so long?