Goodbye to brown envelopes and back handers?

On Friday 1st July, the Bribery Act came into force. Will it disadvantage UK Plc, or eradicate corruption around the world? An analysis of the Act, and what it means for your business, can be found here.

What a nuisance

Employers are increasingly concerned about the number of unfounded claims they are facing from disgruntled employees. As reported in the last newsletter, the Government recently announced that it is considering an overhaul of the Employment Tribunal process, partly to discourage unmeritorious claims. It has also launched a consultation about the way in which the Equality Act is working. In the meantime, however, employers are still faced with the prospect of spending time and money defending claims which have no merit, brought by opportunistic claimants. Here are some of the strategies you could consider when faced with such a claim.

I’m a believer

Some recent cases appear to be pushing the definition of what constitutes a ‘belief’ for the purposes of the Equality Act 2010. Did parliament really intend to protect beliefs relating to fox hunting and public service broadcasting when it drafted the legislation? An article on the way in which the law has developed can be found here.

All aboard, or just the men?

It was recently reported that Michel Barnier, the EU's internal markets commissioner, is supporting a draft EU Directive, known as CRD4, which requires major European banks to have at least a third of their management boards made up of women. Earlier this year, Lord Abersoch drafted a report, entitled 'Women on Boards', in which he called for greater gender equality in the boardroom. We discuss that report, and the implications for business, here.

Stressed out?

Nearly ten million working days per year are lost to stress related absence. Managing stress can be a difficult task for employers. We provide some tips and guidance for doing so here.

Knowing when to stop: the importance of training

Two recent cases in the Tribunal have highlighted once again the importance for employers of providing training on equal opportunities and dignity at work. In one (AM v GF (1) and Balfour Beatty (2)), a member of staff mooned another. There had been banter between them, and ‘some kissing of hands’. However, this was not enough to dissuade the Tribunal that the mooning was unwanted conduct. The employer argued the statutory defence – in other words, that it had done as much as reasonably practicable to prevent the actions complained of. However, the Tribunal found that the harassment policy was not detailed, and that the training on it had been “rather perfunctory”. As a result, the defence did not succeed, and the employer was therefore found liable for its employee’s actions.

In the other case, Richards v Menzies Aviation (UK) Ltd & others, the claimant complained to his manager that a racist drawing, with the claimant’s name underneath it, was offensive. The manager failed to take the grievance sufficiently seriously. The Tribunal concluded that not only was the drawing itself discriminatory, the failure properly to deal with the complaint also amounted to unlawful discrimination, and that this failure was due to insufficient training for managers. The Tribunal concluded by making the following recommendation: “the respondent as a matter of urgency undertakes to provide regular training on equal opportunities and dignity at work for its managers and its staff”.

If you are interested in talking to someone about Mishcon Enable®, our bespoke training product designed for employers, more information can be found here.

Fast approaching…

Agency Workers Regs: The government has published the guidance on the Agency Workers Regulations, which come into force in October. A copy of the guidance can be found here.