Insights & News
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Partner, David Samuels comments on BBC news article: New CBI boss starts job as crisis continues
27 April 2023David Samuels, an employment partner at law firm Lewis Silkin, said: "[New CBI boss, Rain Newton-Smith] has a big task on her hands because the CBI clearly has a lot of cultural change to be put in place and they need to regain the confidence of the public and their members."
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Data Protection Commission Annual Report – takeaways for employers
27 April 2023The Irish Data Protection Commission (DPC) recently published its annual report for 2022 detailing the activities it undertook in 2022 and setting out its regulatory strategy and priorities for the next five years. In this article we focus on the topics and guidance that we think are most relevant for employers, specifically in the areas of data breaches, subject access requests and data subject complaints. We also summarise some of the more notable case studies that might interest employers.
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AI in the workplace: mind the regulatory gap?
27 April 2023The world of work looks set to be revolutionised by AI technology, with recent research suggesting that up to 300 million full time jobs globally could become automated. Yet strong voices of caution are sounding about the pace of change. Are legislatures stepping up to fill the regulatory gap? And what are the considerations for employers looking to step in and codify employees’ use of new technology themselves?
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Toxic workplaces hit the headlines: a warning to employers to take steps to prevent and tackle workplace misconduct
27 April 2023Organisational culture continues to experience considerable scrutiny following the findings of bullying by Dominic Raab and the recent allegations of misconduct and sexual harassment at the CBI. Although Raab was critical of where the Tolley Report set the bar in making these adverse findings, his response is at odds with evolving standards of workplace behaviour. What are these standards, and what can employers do to avoid a toxic culture?
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Consultation launched on significant reforms to European Works Councils
20 April 2023The European Commission has published a first-stage consultation of the European social partners (BusinessEurope on the employer side and the European Trade Union Confederation on the employee side) on a proposed revision of the European Works Council Directive. Whilst the consultation process remains at an early stage, the reforms being contemplated would have profound implications for all businesses with a European Works Council as the aim is to strengthen social dialogue.
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Ethnicity pay gap reporting guidance published
20 April 2023As part of its Inclusive Britain strategy, the government has finally published guidance for employers who wish to report and address their ethnicity pay gaps.
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New ACAS guidance on mental health and reasonable adjustments
20 April 2023The duty to make reasonable adjustments is a concept familiar to most employers. But new ACAS guidance shines a light on reasonable adjustments for mental health specifically. This publication includes detailed resources to support both employers and employees when handling reasonable adjustments for mental health at work.
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EHRC letter on sex and the Equality Act
14 April 2023The Equality and Human Rights Commission has written a letter to Kemi Badenoch (the Minister for Women and Equalities) on the definition of “sex” in the Equality Act 2010.
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Neurodiversity and discrimination examined in the Employment Appeal Tribunal
04 April 2023The EAT upheld an employment tribunal’s decision that a neurodivergent claimant had not been discriminated against because of something arising in consequence of his disability. But, whilst unsuccessful in his primary claim, the claimant still received an award of over £20,000 for victimisation. We explore the practical and legal issues that arose during his employment and how employers could better support neurodivergent employees.
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Judicial assessment and mediation launched in Northern Ireland
23 March 2023Judicial assessment and mediation are being launched in the Industrial and Fair Employment Tribunals from 31 March 2023, bringing Northern Ireland in line with the rest of the UK and offering employers new avenues for alternative dispute resolution.
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Use of personal data in litigation and the legal proceedings exemption
23 March 2023A recent decision has applied a wide interpretation of the legal proceedings exemption in the context of use of a non-party’s personal data in the Employment Tribunal.
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Employer’s attempt for a springboard injunction falls flat
20 March 2023On 4 January 2023, the Court of First Instance (“CFI”) refused to grant a springboard injunction against a former employee to protect the employer’s confidential information in the case DCL Communications Ltd v Lam Yim Chi Julia and Another [2023] HKCFI 98.
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Monitoring Employees’ Office Attendance in a Post Covid World: A Worldwide Issue – Key Data Privacy Issues
17 March 2023With different offices having been in or out of lockdown or experiencing varying degrees of restrictions, it has been near impossible for managers with direct reports in multiple locations to monitor their team’s compliance with whatever post-Covid return to the office policy a business might have (“RTO Policy”).
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Employment law changes in April 2023
16 March 2023It’s that time of the year when employment law changes traditionally take effect, and this year there have been significant increases in several rates and limits. Here is our summary of the most important changes taking effect next month.
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Is it time to adopt a fertility policy?
16 March 2023More and more employers are launching IVF and assisted conception policies amid calls for greater legal protection for employees undergoing fertility treatment. This article explores why fertility matters to employers, the current legal framework and the issues for employers when designing a fertility policy.
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Retained EU law bill: our proposals for employment law reform
15 March 2023The Retained EU Law (Revocation and Reform) Bill could have sweeping effects on UK employment law. With a hard deadline of 31 December 2023, quick decisions about reforms will be needed. We’ve drawn up a list of the EU-based employment laws we’d like to see changed.
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The post-Brexit employment law shake-up: what’s needed, and what’s likely to happen?
15 March 2023As the government presses on with its bill to scrap or reform EU-derived employment laws, we’ve been finding out what businesses actually want. But how do these views compare to what’s planned?
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Ireland: Steps employers can take to #EmbraceEquity for women
07 March 2023International Women’s Day on 8 March 2023 provides an opportunity for employers to showcase inclusivity within their workplace and an opportunity to reflect on steps they can take to make their workplace more inclusive.
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Will the Worker Protection Bill help employers #EmbraceEquity for women?
28 February 2023The Worker Protection (Amendment of Equality Act 2010) Bill proposes new obligations on employers to prevent harassment. In the lead up to this International Women’s Day we look at why changes to current protections may be needed, the progress of the Bill, what it may mean for employers and how the proposals might be used as a springboard by employers to “embrace equity”.
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Employment tribunal delays: as the wait gets worse, what can employers do?
23 February 2023Employment tribunal proceedings are now torturously slow to reach a final hearing, disadvantaging both claimants and respondents. What can employers facing employment tribunal claims do to try to mitigate against the effects of delays?