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In the latest episode of our Employment Law focus podcast, Partner, Jonathan Rennie, and Knowledge Lawyer, Victoria Wenn, discuss the recent reforms to flexible working regulations that took effect on 6th April 2024.
Also covered are the legal and practical implications of adopting a four-day working week, something that has been introduced in several other countries, with pilots taking place in the UK already with some success.
This episode looks at:
The 6th of April reforms to flexible working requests, what this means for employers, and employees.What employers need to consider before denying a flexible working request. A review of ‘Wilson v FCA’, one of the first cases to consider a flexible working request to work remotely post pandemic.The four-day working week from an employment law perspective, with part time workers, contracts, and holiday allowance all likely to be affected.Plus, a discussion on ‘Manjang v Uber Eats’, and how AI poses the potential for discrimination in automated decision making. -
In this episode Jonathan Rennie, partner at TLT is joined by Sarah Maddock, senior knowledge lawyer at TLT and Emma Erskine-Fox, managing associate in the Technology and Intellectual Property team at TLT to look at the impact of AI on employment law and discuss:
Key differences between various types of AI technologies.Why generative AI like ChatGPT is gaining increased attention.How AI tools be used to enhance workplace productivity.How employers can address the potential risks and challenges associated with AI in decision-making.How AI systems affect the fairness and reasonableness of decisions. Data protection considerations and legal obligations for employers when using AI for decision-making and information processing.How organisations can establish effective governance and policies around AI technology. Role of training and transparency in the responsible use of AI in the workplace. -
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In today's workforce, where one in three workers is over 50 and 80% of women aged 45 to 55 are employed, it is essential for employers to recognise and address the impact of menopause. Many employees undergoing this natural transition report adverse effects on their work, and statistics reveal a rise in litigation concerning menopause-related issues.
In this episode, hosted by Leeanne Armstrong, legal director at TLT, we’re joined by Stephanie Reid from Menopause Spring and Louise Chopra, partner at TLT to discuss the significance of supporting employees experiencing menopause and share invaluable strategies for creating a supportive work environment including:
Why must employers ensure they are equipped to effectively deal with menopause in the workplace?What are the expectations of menopausal individuals from their employers?How can employers meet those expectations, including in terms of policy development and initiatives?What were the key objectives and challenges for TLT in devising a menopause strategy in the workplace?Our key takeaways for employers on addressing the impact of menopause and implementing effective strategies in the workplace.Further reading:
Menopause and the workplace: Government Response to the Committee’s First Report of Session 2022–2023
Mrs M Rooney v Leicester City Council
A v Bonmarche Ltd
BS 30416, Menstruation, menstrual health and menopause in the workplace
TLT Menopause Toolkit for employers
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If you liked the podcast, please rate and review it. It helps others to know that it's worth a listen. You can subscribe so you know when we're back again and you can email us feedback and ideas for future episodes at [email protected] and you can also follow us and speak to us on Twitter @TLT_Employment
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In the latest episode of our Employment Law Focus podcast, we look at neurodiversity, a range of conditions which affect how people think, process and interpret information. This affects around 15% of people but, until fairly recently, has not been widely considered in the workplace.
Traditional workplaces are often designed by and for a neurotypical society, which can negatively affect employees who are neurodivergent and prevent them from thriving at work. Understanding the differing needs of each person in your workplace will help to adjust practises to ensure every employee is equipped to perform to the best of their ability.
Jonathan Rennie and Sarah Maddock discuss the important role that employers play in the lives of people who are neurodivergent and what best practice can look like in the modern workplace.
We look at:
What neurodiversity actually meansBenefits from attracting candidates who are neurodivergentSupporting development at workHow employers can manage the hidden nature of these conditionsWhat additional things need to be considered if an employment tribunal claimant has a neurodiverse conditionFurther reading
Bupa – supporting neurodiversity in the workplace
CIPD – neurodiversity at work
ACAS – webinar – inclusive workplaces: making changes to better support neurodiversity
Neurodivergent women sought for jobs at GCHQ and BAE Systems
Noor v Foreign & Commonwealth Office
Sherbourne v Npower
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Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using #TLTemploymentpodcast or @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
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Alongside the usual risks and issues – from seasonal bugs to Christmas parties – the “permacrisis” means that in-house legal and HR teams will face a plethora of new considerations this winter. In this episode, Jonathan Rennie and Grace Caldicott discuss everything from writing hardship policies and offering early access to wages, to the pros and cons of different kinds of flexible working policies and how to normalise conversations about money.
They also offer advice on:
What to do if an employee starts a second jobThe role of communication in health and wellbeingAvoiding bias and minimising the risk of discrimination claimsInterpreting contract termsOur news section highlights a new pay transparency law in New York, while our listener’s question touches on Elon Musk’s email to Twitter staff asking them to commit to working “long hours at high intensity” and being “extremely hardcore”.
Further reading:
CIPD: Cost of living crisisCIPD: Tackling in-work povertyHSE: Home workingTLT: Bellman Christmas party ruling***
Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using #TLTemploymentpodcast or @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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In this episode, we’re joined by Bobbi Pickard, CEO of Trans in the City, to discuss how employers can improve their approach to trans and non-binary inclusion in the workplace.
We explore questions like:
Is the term LGBTQIA+ a help or a hindrance?What does trans and non-binary actually mean?Are gender-critical beliefs protected by law?Is the law fit for purpose, and how might it change in the future?What does best practice look like?We discuss the importance of vocalising a clear position on trans and non-binary inclusion and educating staff. We also discuss the benefits of creating a safe and welcoming environment, from recruiting the best talent to allowing people to do their best work.
As Bobbi says, it takes years to change a company’s culture, but today’s graduates are already exploring their identities and have high expectations about equality, diversity and inclusion.
Further reading:
Grainger plc & Ors v NicholsonMaya Forstater v CGD Europe & Ors Ms R Taylor v Jaguar Land Rover LtdUnited Nations Global Compact***
Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using #TLTemploymentpodcast or @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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50 years on from the Sex Discrimination Act, sexism is unfortunately still common at work. And yet studies repeatedly show that more diverse workplaces are more successful.
In this episode, we discuss questions like:
Do workplace policies sustain gender stereotypes?Has the pandemic successfully de-coupled gender from flexible working?Will the UK government reform gender pay gap reporting this year?Does a holiday really allow for “rest and relaxation” if the employee is suffering from menopause symptoms, menstrual pain or undergoing early-stage IVF treatment?We look at how gender equality issues are changing, and help HR and legal teams to navigate the risks, challenges and debates. We also highlight a story that considers: when is a sex discrimination case not a sex discrimination case?
As employers continue to face challenges with recruitment and retention, it’s more important than ever that they’re able to show a strong hand with regards to ESG and ED&I issues.
Useful links:
Acas – Improving equality, diversity and inclusionThe Fawcett Society – Menopause and the workplaceTLT - Addressing menopause in the workplace***
Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using #TLTemploymentpodcast or @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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Can an employer really claim to have strong ESG credentials if they aren’t addressing societal issues like race equality and discrimination, and if they’re simply relying on policies and training?
How can employers meet the changing expectations of regulators, investors, employees, job candidates and clients?
The legal definition of race is much broader than many people realise. In this episode, Kanika Kitchlu-Connolly, co-chair of TLT’s BAME network, joins our employment team to discuss:
Why this is so challenging but important for employers to get rightThe role of employee networks, from sharing information and lived experiences to raising issues, offering solutions, acting as a sounding board and holding employers to accountThe role of data, from helping employers to achieve their goals, to demonstrating what’s working, revealing barriers and defending claimsOther ways to embed an anti-racism policy, from induction processes and exit interviews, to reverse mentoring and enabling people to become alliesComplex legal issues, including those arising from “zero tolerance” policies, “banter”, harassment, indirect discrimination and positive discriminationOur news update covers fire and rehire practices and the rights of agency staff.
Further reading:
Acas: fire and rehire practicesBITC: Race at Work CharterRare Recruitment: Race Fairness CommitmentEHRC: using positive action to address workplace disadvantageSend us your questions and we'll answer them in a future episode – email [email protected] or Tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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Returns to work are set to become even more challenging with the advent of hybrid and remote working, to the extent that the traditional toolkit may no longer be fit for purpose.
In this episode, our employment and regulatory teams discuss five new challenges for HR and legal teams, and share their insights and advice surrounding:
Occupational stressSupervision and performance managementPersonal injuryTraining and career developmentLong CovidThere are some recurring themes, including:
The risk that employers underestimate their legal obligations;The need to think about the individual employee and take a tailored approach;The importance of effective employee communications; andMaintaining a complete record of steps taken to support employees and minimise health and safety and other risks.Our listener question addresses the timely topic of mandatory vaccinations at work, and what we’ve been seeing and advising clients.
Useful link: HSE guidance on home working
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Send us your questions and we'll answer them in a future episode – email [email protected] or Tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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After Me Too and Black Lives Matter, there are growing signs that disability could be the next recipient of a major social media movement, not to mention new legal duties for employers.
In the UK, the government has published a new National Disability Strategy including mandatory reporting for employers, the employment gap is impossible to ignore, and the Tokyo Paralympics sparked the campaign WeThe15 representing the world’s 1.2 billion people with a disability.
But are employers ready for this? Disability varies wildly from other areas of equality law, and as PageGroup CEO and disability rights champion Steve Ingham recently said, many employers simply think: “It’s too complex an issue to grapple with” and therefore don’t engage.
We discuss:
Why this is such a complex area of employment law, and why employers should act nowThe merits of pay gap reporting and quotas, but more importantly, the need for an inclusive workplace cultureEmployer attitudes when deciding what is/is not a disabilityThe different types of disability discrimination and knowledge testsThe tricky business of using medical reportsWe also explain cases covering:
Concealment of a disabilityAssuming the knowledge of your agents“Reasonable” adjustments including costOur listener question looks at four-day working weeks and what employers should consider when defining the scope of a trial.
Useful link: EHRC Code of Practice
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Send us your questions and we'll answer them in a future episode – email [email protected] or Tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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Employee wellbeing has risen up the corporate agenda during the pandemic. However, this is set to become an even bigger issue in the coming months, as HR and legal teams navigate the impact of hybrid working, the right to work flexibly, the end of furlough, long Covid and more.
How can employers address the stigma around mental health and wellbeing? What does proportionate support look like? And what new risks and challenges do they face?
In this episode, we discuss:
The right to disconnect – what is it, how does it work, and could it work in the UK? With insights from Deirdre Lynch, partner at ByrneWallace LLP in the Republic of Ireland.Gender equality – with more women planning to work from home after the pandemic than men, is “proximity bias” and backwards progress on gender equality in the workplace inevitable?Remote line management – how can employers make sure they’re spotting the signs and giving the right support to line managers and employees working remotely?Common themes in employment tribunal claims – including the growth of psychiatric injury claims, and the importance of early intervention and being able to show that you’ve taken proactive steps to support employees with their mental health and wellbeing.We also explain how TLT is using the Mindful Business Charter to reduce unnecessary stress in the workplace and show respect for colleagues’ wellbeing.
Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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Should HR be more involved in the design and rollout of workplace technology?
Will modern technology force us to replace roles (performed by people) with functions (performed by people, technology, robots and algorithms)?
At what point do employees start to resent technology impinging on their jobs? When it can do 10%, 20% or 30% of their role faster and better than they can?
These are just some of the questions we explore in this episode on workplace technology and its impact on employees. Jonathan Rennie and Sarah Maddock in our employment team are joined by Emma Erskine-Fox from our data privacy and cybersecurity team.
We dig into this complex topic and highlight the issues HR and legal teams need to be aware of, and share our thoughts, cases and practical tips.
Our news section covers a rare case where the tribunal gave some useful advice and a stark warning against allowing your equalities training to go “stale”.
Our listener’s question asks about dismissal and reengagement or “firing and rehiring”, which has become increasingly popular during the pandemic. Read our short guide to this practice.
Note: since we recorded this episode, the court in the Netherlands has ordered Uber to reinstate the five British drivers who were struck off by robot technology.
Send us your questions and we'll answer them in a future episode – email [email protected] or Tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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The pandemic has required many people to balance work with heightened childcaring responsibilities.
For employers, this means considering the needs of working parents like never before – flexing policies, considering flexible working arrangements and other solutions and supporting people with their mental health and wellbeing.
The challenges are many and varied, from changing working arrangements to managing performance issues.
At the same time, the law recognises the need to be pragmatic and protect the interests of the business.
This is a big topic, but in this episode, we seek to answer some of the burning questions, including:
What’s a socially and politically acceptable way of managing working parents during the pandemic and moving forward?How far must employers go to identify those who are struggling and need more support?What can we learn from the historic uptake of initiatives like shared parental leave, and should childcaring be a protected characteristic under the Equality Act?How has the gender balance in childcaring during the pandemic affected employees and the risk of a claim for direct or indirect sex discrimination?Is the UK’s legal framework for family friendly policies keeping pace with societal trends?The pre-pandemic issues surrounding working parents have not gone away, and are still very much on the agenda. We consider what changes we might see in the law moving forward.
In our news section, we cover:
New research from TLT showing an increase in employees using interim relief applications. These can be challenging and costly for employers to deal with, and many HR teams will never have seen one before.A recent reminder of the need to be flexible to help parents with childcare commitments – particularly where a flexible contract has already been agreed.Useful links:
EHRC Working Forward campaign
Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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Employee monitoring isn’t just about using software to check that people are working hard enough. It can be digital, manual, well intended or even a regulatory requirement.
But whether you’re monitoring devices, collecting data to make employment decisions or using CCTV (or even microchips), there’s a whole host of data protection and employment risks to consider.
In this episode, we discuss:
The growth of employee monitoring and why employers might use itThe GDPR principles of transparency, necessity and proportionalityUsing employee records for positive discriminationThe £32.1m fine against H&M for “excessive” monitoringThe role of data protection impact assessmentsWho’s responsible for CCTV and employee monitoring in shared workspacesOur news section covers:
Two legal challenges against Uber regarding automated decisions about employees
The ICO’s final guidance on data subject access requests, including when you can “stop the clock” and what constitutes a manifestly unfounded or excessive request
We also answer your questions about whether an employee can withdraw an access request and how employers should be preparing for the end of the Brexit transition period.
Useful links
TLT update on ICO guidance
ICO guidance on DSARs
Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive our updates at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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Unconscious bias (UB) is a growing legal issue for employers. It’s widely regarded as a barrier to equality, diversity and inclusion, and employment tribunals are looking more closely at motivation and bias in discrimination and harassment cases.
While it’s been talked about for a number of years, many employers still aren’t doing enough to reduce the risk of UB infiltrating people’s decisions about candidates and colleagues.
In this episode, we discuss:
How does UB present itself as a legal issue?Ways of reducing the risk, including training, recruitment models and corporate cultureWhat the employment tribunal looks forProving UB and a direct causal linkDiscrimination and reasonable adjustments case lawIn our news section, we cover:
Facial recognition technology and a case showing just how far organisations must go to satisfy themselves that there isn’t a risk of biasThe breakdown of working relationships between employees, and a surprising decision that a dismissal was fair, even though there was no dismissal processEmployment status, including a finding of “false self-employment” – a stark warning ahead of possible job losses as a result of the pandemicThe latest predictions about the Supreme Court’s pending decision in the Uber employment status case, due later this yearWe also share our views on the government’s long-term “back to work” plan, including refusal to return to work, unfair dismissal, flexible working requests and indirect sex discrimination.
Further reading:
AI – ethical considerations and the privacy legal framework
Seven top questions on returning staff to work during the pandemic
Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive legal insights at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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HR teams need to plan for the inevitable rise of flexible and agile working after the Covid-19 pandemic.
Risks and questions abound, from discrimination and harassment to protecting employees’ physical and mental health and wellbeing.
In this episode, we look at:
The right to request flexible working, and whether this goes far enough (compared to countries like Finland);The grounds for refusing a request, and whether this will be harder moving forwards;The risk of claims relating to indirect sex discrimination, health and safety (both mental and physical) and protected characteristics;Whether remote surveillance of employees is legal, and how to manage the risks; andThe need for a robust approach to data protection and information security.We also look at what recent news stories have taught us about the wide scope of equalities protections and the need for a dress code for virtual meetings.
In our listeners’ questions, we discuss the use of personal devices for work purposes when working remotely and the expected rise in whistleblowing claims as a result of the pandemic.
Useful links:
ICO’s tips on working from home securely
TLT’s ‘Fit for the future’ hub
Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive legal insights at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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Whistleblowing is growing at an alarming rate. This is being driven by high profile cases as well as campaigns against systemic issues like data privacy and sexual harassment.
There has also been an increase in complicating factors – including whistleblowers raising grievances and additional issues arising part way through an investigation.
Having an effective whistleblowing policy is now considered fundamental to good corporate governance, culture and risk management. The decisions you make early on can have a significant impact on the risks and how the investigation unfolds.
Some of the biggest risks include financial and reputational damage. There is no cap on whistleblowing claims and they can become part of an organisation’s permanent digital footprint.
In this episode, we look at:
how to identify a whistleblowing claim;complicating factors, including how to defend your reputation; andhow to manage an investigation, including who should be involved; reporting to the regulator; your obligations towards the complainant and others; and data protection.We also look at some recent news stories, including:
a ruling that ethical veganism can be protected under the Equality Act;new technical guidance from the EHRC on tackling sexual harassment at work; andthe use of love contracts and #MeToo Bots.Useful links
Parental bereavement leave and other April 2020 changes
The Whistleblowing Commission’s Code of Practice
TLT’s coronavirus hubSend us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive legal insights at tltsolicitors.com/signup
If you’ve enjoyed listening, please rate us and write a review.
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Since the General Data Protection Regulation (GDPR) came into force, HR teams have been flooded with requests by employees for a copy of the personal data the company holds about them.
This is often done as part of threatened litigation and can be challenging to deal with, not least because the deadline is shorter and HR needs to make a judgment call on how to respond.
The regulator has received a huge volume of complaints about how requests are dealt with, and you don’t want to be the first company to face a fine.
In this episode, we look at:
The right to refuse a request or extend the deadline;How to set the right search parameters; andWhat you can and can’t withhold.We look at the role of culture, IT and training and how self-serve platforms and automation can help foster an environment of trust and speed up the process.
And we answer questions like: Do you have to use the search terms requested by the employee? And should you search instant messages, texts and WhatsApps?
In our news round-up we look at:
How much home working is too much, according to a new report?Can employers be held vicariously liable for a data breach by a disgruntled employee?Is the use of facial recognition technology legal?Useful links:
ICO consultation
Send us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive insights including our A-Z of employment law at tltsolicitors.com/signup
Finally, if you’ve enjoyed listening, please rate us and write a review.
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Chronic stress impacts employee wellbeing, productivity and company performance.
With the World Health Organisation now classifying burnout as a workplace disease, employers need to understand their legal and moral duties to prevent, identify and manage this issue.
In this episode crammed with top tips and examples we look at:
What causes burnout, from workplace factors like always-on technology and a culture of out-of-hours working to external events like Brexit anxietyHow some companies are managing the risks, from mental health first aiders and regular wellbeing days to 32-hour working weeks and not delivering emails out of hoursThe lengths employers can be expected to go to ensure that someone can remain in employment – but does extreme burnout always require an extreme remedy?In our news round-up we cover:
A discrimination case involving an employee's social media post (read our latest article on social media issues);New legislation and guidance on the use of NDAs or "gagging clauses" (read Siobhan's comments in People Management); andBereavement leave for pets – could this become law and how to deal with it.Useful links from this episode:
The Stevenson / Farmer review
Equality Act 2010 Code of Practice
HSE stress risk assessment templateSend us your questions and we'll answer them in a future episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive insights including our A-Z of employment law at tltsolicitors.com/signup
Finally, if you’ve enjoyed listening, please rate us and write a review.
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From air con wars and dress codes to live streaming sports and unexplained absences, summer can present a unique raft of challenges for HR and legal teams.
What starts off as an office moan can quickly escalate, with the most serious cases resulting in a discrimination claim.
In this episode of TLT's employment law podcast, we look at three of the "hottest" issues you might face this summer and throughout the rest of the year, including:
Air conditioning and dress codes – do office temperatures discriminate against women? Can you force employees to wear a dress code in all weathers?Sickness and absence – how do you raise suspicious absences? How do you manage competing holiday requests? Do religious holidays take precedence? And can you or should you stop employees from working on holiday?Distractions at work – tennis, cricket, cycling, football transfers, Love Island… is it effective to ban distractions outright?We share some cautionary tales and some best practice advice.
We also look at the latest news headlines including tribunal system delays and the legality of positive discrimination to improve ethnic diversity, and answer your questions.
Send us your questions and we'll answer them in the next episode – email [email protected] or tweet us using the hashtag #TLTemploymentpodcast and tagging @TLT_Employment
You can find out more about our employment team at tltsolicitors.com/employment
Sign up to receive insights on employment law at tltsolicitors.com/signup
Finally, if you’ve enjoyed listening, please rate us and consider writing a review.
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