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Employment Matters

Issue 14

Editor's note

Welcome to our November 2021 edition of Employment Matters, our round up of key recent developments in employment law and issues that matter to employers and HR professionals. In this edition we highlight recent notable developments and themes, covering a diverse range of topics. Read more below.

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Back to the office - five considerations for employers

With the easing of pandemic restrictions this summer and the Government's strong emphasis on returning to some form of normality, employers have been grappling with a variety of difficult workplace issues. Here are five topical 'return to work' issues for employers, and some practical suggestions about how to navigate them.

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Supporting employees through pregnancy loss

Pregnancy and baby loss is sadly more common than many people think; one in four pregnancies end in miscarriage; 1 in 200 babies are still born in the UK each year and the neonatal mortality rate in England in 2019 for babies born at 24 weeks and over was 1.4 deaths per 1,000 live births. In this article, we address the current position under UK employment law and highlight options available to employers to go beyond their statutory obligations regarding these difficult issues.

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Workers' rights

Gender-critical beliefs have discrimination law protection

Back in June 2021, in Forstater v. CGD Europe and others, the Employment Appeal Tribunal (EAT) held that gender-critical beliefs - beliefs that biological sex is real, important, immutable and not to be conflated with gender identity - are protected philosophical beliefs under the Equality Act 2010.

Recent developments in TUPE

In this podcast, Employment Legal Directors Will Winch and Adam Turner discuss what happens to employees when a business is sold to several buyers or if a service is retendered to multiple providers.


Everyone's Invited: #MeToo for Gen Z

Earlier this year, a website called Everyone's Invited gained national attention when it started posting anonymous testimonies of sexual violence in schools. Within days, some of the country's most prestigious institutions had stories of sexual harassment between students covered in the newspapers, groups of students wrote open letters to Head Teachers and several schools instigated independent reviews into their own safeguarding practices. What does the Everyone's Invited campaign tell us about changing attitudes to sexual harassment, the reporting of complaints and the use of media (and social media) campaigns to raise attention?

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Diversity and Inclusion

Government response to consultation on sexual harrassment in the workplace

This article examines the Government's proposals of reform, as well as the previous Government-led inquiries which prompted the Government's consultation. 

Tackling sexual harassment in the workplace: latest recommendations for employers

A new Fawcett Society report highlights the ongoing prevalence of workplace sexual harassment, and recommends key practical actions for employers to take to prevent and respond to sexual harassment issues.

Mishcon Academy: Digital Sessions podcast - positive action and recruitment

Employment Associates Matt Robinson and Martha Averley discuss how employers can recruit in a fair but diverse way.

Gender pay gap reporting: issues arising from the latest reporting deadline

This article highlights reporting issues arising due to the pandemic as well as details of a new practical gender pay gap reporting toolkit.

Levelling the playing field – using positive action to foster equity, diversity and inclusion

Improving equity, diversity and inclusion (EDI) has remained a key strategic priority for employers throughout the COVID-19 pandemic. This article highlights the steps employers can take.


FCA Investment firms: are you ready for the new remuneration regime?

Investment firms are turning their focus to the coming year and the new Financial Conduct Authority (FCA) remuneration regime. As firms prepare for the new regime, they will want to take into account the changes made to the draft RemCode rules and guidance, as well as comments by the FCA in its accompanying consultation response. We have set out the major changes and FCA comments.

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Brexit Update – Key issues for right to work

In summer this year, the immigration rules were tightened for EU, EEA and Swiss nationals and their family members (EU nationals) living and working in the UK as a consequence of Brexit. This article highlights issues for employers where EU nationals failed to apply for status under the EU Settlement Scheme by the 30 June 2021 deadline.

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