On 17 June 2021, the Australian Human Rights Commission (AHRC) released the “Equality across the board: Investing in workplaces that work for everyone (2021)” report (AHRC Report). The report collates survey and interview data from 118 ASX200 listed companies to portray how these companies are currently combatting the issue
Discrimination and harassment
“Stale” and “ineffective” training is insufficient to establish the reasonable steps defence
A recent decision of the Employment Appeal Tribunal (EAT) in Allay (UK) Limited v Mr S Gehlen provides useful guidance to employers seeking to rely on the “reasonable steps” defence to a claim of discrimination, harassment or victimisation.
An employer can be liable for acts of discrimination, harassment and victimisation carried out by its employees…
Ethical Veganism is a Protected Characteristic
An employment tribunal in the UK has held that ethical veganism is a protected characteristic under UK discrimination law.
In the UK an employee is protected from discrimination in the workplace under one of the nine protected characteristics set out in the Equality Act 2010. This includes protection in respect of religion, religious belief and…
Gender pay gap: a new measuring tool
Since 1972, there have been numerous laws on professional equality between men and women but the gender pay gap remains a crucial issue which has not been resolved yet.
The parliament voted a new law on 5th September 2018 creating an index to be used to measure the gender pay gap in companies.
Since 1st…
France: Le harcèlement sexuel susceptible d’être exclu en cas d’attitude ambigüe de la victime
Le harcèlement sexuel est défini, dans le Code du travail, par « des propos ou comportements à connotation sexuelle répétés qui soit portent atteinte à [la] dignité [du salarié] en raison de leur caractère dégradant ou humiliant, soit créent à son encontre une situation intimidante, hostile ou offensante ».
Le Code du travail prévoit…
France: Provocative acts do not necessarily fall within the scope of sexual harassment if the victim’s behaviour is ambiguous
The French employment Code defines sexual harassment as “repeated sexual comments or conduct that either violate the [employee’s] dignity because of their degrading or humiliating nature or create an intimidating, hostile or offensive situation against the employee“.
The French employment Code also assimilates to sexual harassment “any form of serious pressure, even…
Right to work in the UK and requests for evidence
A recent UK case considered whether an employer acted reasonably in requiring an employee, who was not a national of the European Economic Area (EEA), married to an EEA national, to produce documentation to show his right to work in the UK.
In the UK:
1) it is illegal to for an employer in the…
Employee dismissed following long term absence due to mental illness: Federal Court finds it lawful
In an important decision last month, the Full Court of the Federal Court of Australia upheld the appeal of an employer who claimed, in dismissing a client executive who had been absent from work for 7 months due to mental health issues, it had acted lawfully and not dismissed him because of his illness.[1]
The judge at first instance had found the employer liable for breaching the ‘adverse action’ provisions of the Fair Work Act 2009 (Cth) (FW Act) because the employee’s mental illness could not be disaggregated from the employer’s reasons for dismissal.[2] This decision was seen by many as setting a dangerous precedent and employers should welcome the clarification provided by the Federal Court appeal bench.
Facilitating HR Management: Electronic medical certificates
As part of the “Third Bureaucracy Relief Act” the German government intends to introduce an electronic submission procedure for medical certificates regarding the incapacity of employees. More than 80 million of such certificates are issued every year by doctors in Germany. Replacing extensive documentation and record-keeping duties will allow medium-sized companies in particular to reduce…
Good Work Plan: Government issues further response and consultation to support families and pregnant women
As part of its Good Work Plan, the UK Government has recently published a response and a consultation paper on proposals which will protect and support families and pregnant women. The first Government paper considers extending redundancy protection for women and new parents. The second consultation looks at various proposals to support families, including a…