Author: Thomas Bennett

In recent weeks, US companies have dominated headlines by scaling back their DEI initiatives. The Trump administration has DEI in the firing line, with the US president blaming a plane crash in Washington DC on ‘diversity hires’ in air traffic control. A survey by Culture Amp, an employee experience platform, has found that UK firms…

[ READ MORE ] from UK firms commit to diversity, equality, and inclusion (DEI) despite US backlash

According to a survey by Software AG, employees are increasingly using their own AI tools without permission from their employer’s IT departments, known as ‘shadow AI’.  Many employees cite the lack of AI tools provided by their employers or the desire for more flexibility in their choice of tools.  For some, it is quicker and…

[ READ MORE ] from Employees using own Artificial Intelligence (AI) tools at work without permission

In James and another v London & Quadrant Housing Trust, an employment tribunal upheld the race discrimination claims of two housing managers after finding that they had not been selected for two senior roles because of the Trust’s unconscious bias. What happened? Miss James (J) and Miss Saine (S) were employed as housing managers by…

[ READ MORE ] from Recruiting on ‘gut feeling’ led to unconscious racial bias

Yes they could, said the Employment Appeals Tribunal (EAT) in Miss E Carozzi v (1) University of Hertfordshire (2) Ms A Lucas: [2024] EAT 169 – GOV.UK What happened? The University of Hertfordshire employed Ms Carozzi as a Marketing, Engagement and Partnerships Manager.  It twice extended her six-month probation period.  Ms Carozzi had not completed…

[ READ MORE ] from Could comments about a colleague’s accent constitute unlawful racial harassment even if not motivated by race?

Yes. For now. After several high-profile cases, the practice of fire and rehire has recently received widespread negative press coverage. These include the dismissal of almost 800 employees by P&O Ferries in 2022 to be replaced by lower-paid agency staff, and a case where Tesco (unsuccessfully) sought to use the practice to overturn preferential pay…

[ READ MORE ] from Can you still fire and rehire?

In Ogden v Booker Limited, an employment tribunal held that dismissing an employee for gross misconduct was unfair owing to, among other things, a lawless workplace culture where managers failed to enforce dignity at work standards. What happened? Mr Ogden joined Booker Limited (Booker) as a driver/trainer in 2016. On 4th August 2023, a female…

[ READ MORE ] from Unfairly dismissed for swearing owing to a toxic workplace with widespread ‘banter’

More than 700 junior McDonald’s workers in the UK have joined legal action against the fast-food chain, alleging discrimination, homophobia, and sexual harassment.  This follows a BBC investigation in 2023 that revealed widespread sexual abuse and harassment at McDonald’s restaurants.  Despite signing a legal agreement with the Equality and Human Rights Commission (EHRC) to improve…

[ READ MORE ] from More McDonald’s harassment allegations

Since Saturday 26th October 2024, employers have been obliged to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment. The Equality and Human Rights Commission has prepared a checklist and action plan to help employers create a safer working environment and comply with their legal obligations under…

[ READ MORE ] from Preventing sexual harassment at work: checklist and action plan for employers

The Employment Rights Bill, introduced to Parliament on Thursday 10th October 2024, is the government’s first phase of achieving the Plan to Make Work Pay. It has published a set of factsheets to help people understand the measures within the bill.  So, what does it say about its plans to provide day-one protection from unfair…

[ READ MORE ] from Unfair dismissal in the Employment Rights Bill

The Information Commissioner’s Office has published a list of key considerations for employers who are thinking of procuring an AI tool for recruitment. What are they? Risk assessment: Assess the necessity of using AI, complete a data protection impact assessment to identify and mitigate risks, and consult affected groups. Explain: Explain AI decisions clearly and…

[ READ MORE ] from 10 ways to use artificial intelligence (AI) in recruitment safely

In the Employment Rights Bill, the government plans to ‘end unscrupulous fire and rehire and fire and replace’ practices by considering any dismissals for failing to agree to a change in the contract as automatically unfair, except where businesses genuinely have no alternative.   What does this mean? The government’s factsheet on the topic says:…

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1 Unfair Dismissal Change Clause 19 removes the two-year qualifying period for claiming unfair dismissal, making it a right from day one of employment.  The government will consult on a new statutory probationary period, with its preference being nine months. Action Monitor probationary periods Begin planning to monitor and evaluate your employees more rigorously during…

[ READ MORE ] from 10 Ways You Should Prepare for the Employment Rights Bill