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It’s getting personal: Potential GDPR breach for employees who check work emails on personal mobiles out of the office

Recent research has revealed that employees who check work emails on their personal phones could be in breach of the General Data Protection Regulation (GDPR)
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It’s getting personal: Potential GDPR breach for employees who check work emails on personal mobiles out of the office

Publicise parental leave policies

A study conducted by the Liberal Democrats has revealed that only 4 UK government departments display their parental leave and pay policies on their external websites. This is despite the fact that the government has launched a new "Share the joy" campaign, intended to encourage more parents to utilise shared parental leave, and is spending £1.5 million to increase awareness.
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Publicise parental leave policies

EHRC gender pay gap investigations

The Equality and Human Rights Commission (EHRC) has written to the Government informing it that in June it will be commencing the first of its gender pay gap investigations into employers who have failed to comply with their gender pay gap (GPG) reporting obligations. The announcement should not come as a surprise as the EHRC issued a warning prior to 4 April 2018 deadline that any companies which failed to comply with their reporting obligations could face enforcement action in the form of a fine or an investigation.
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EHRC gender pay gap investigations

Fathers and the Workplace

The Women and Equalities Committee has published a report highlighting what it sees as the difficulties that fathers face in balancing their careers with childcare responsibilities. The report makes a series of proposals which aim to put men and women on a more equal footing when it comes to maternity and paternity leave. The most headline grabbing recommendation is that fathers should receive one month's leave at 90% of their salary (capped for higher earners) when their wife or partner has a baby and a further two months of paternity leave at £141 a week, without any loss of rights for the mother.
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Fathers and the Workplace

Government’s response to Taylor Review

Seven months ago, we reported on the Taylor Review of modern working practices, with its focus on “good work” for all that is “fair and decent”. In short, the review recommended extra protection for the UK workforce, ranging from clarity over employment status to extra rights on zero-hours contracts. This month the government has published its eagerly anticipated response to Matthew Taylor’s 53 recommendations.

Read more here.

Government’s response to Taylor Review

Sex discrimination law review final report

2018 is a momentous year, in that it marks 100 years since British women were given the right to vote. Things have moved on a bit since 1918, and we can safely say that there have been many positive developments since then aimed at addressing the issue of gender inequality in the workplace.

Yet here we are, in this historic centenary year, reading daily accounts of high-profile cases of sex discrimination and harassment. Take, for example, the BBC “not doing equal pay” and the sexual harassment allegations arising from the notorious Presidents Club dinner. Inequality in the workplace remains a real issue, and against that backdrop one key question needs to be considered: are the UK’s sex discrimination laws still fit for purpose?

This was the question that the Fawcett Society (the UK’s leading charity campaigning for gender equality and women’s rights), together with a panel of legal and policy experts, was recently tasked with answering. Following a nine-month review, the Society has now made a number of recommendations on the following topics.

Read more here

Sex discrimination law review final report

Less than half of businesses prepared for GDPR

According to new research carried out by the Department for Digital, Culture, Media & Sports, less than half of all UK businesses and charities are aware of the changes to UK data protection law under the EU's General Data Protection Regulation (GDPR) which will come into force on 25 May 2018.
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Less than half of businesses prepared for GDPR

Timing and permission to amend an ET1

In the recent case of Galilee v Commissioner of Police for the Metropolis the EAT held that the doctrine of 'relation back', whereby amendments take effect from the date of the original document which it amended, does not apply in the tribunal.
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Timing and permission to amend an ET1

Dress Codes in the Workplace

Headlines on dress codes are becoming more frequent and certainly catch the eye with the BBC's "Can an employer demand that you go to work naked?" being no exception! The question raises a fair point – to what extent can employers dictate what its workforce wear to work?
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Dress Codes in the Workplace

Risk assessments for breastfeeding mothers

The European Court of Justice (CJEU) has held, in the recent case of Otero Ramos v Servicio Galego de Saude, that failure to conduct an appropriate risk assessment for a breastfeeding employee amounts to sex discrimination.

The employee in this case was an accident and emergency nurse who had made a request for an adjustment to her working pattern on account of her breastfeeding. Her concerns included the complex shift rotation system, exposure to ionising radiation, healthcare-associated infections and stress. She requested an adjusted shift pattern and preventative measures to be implemented. Her employer issued a report stating that her work did not pose any risk to her breastfeeding her child and rejected her request for an adjustment to her working conditions.

The employee filed a claim for sex discrimination against her employer, alleging that the risk assessment carried out by her employer did not comply with the requirements of EU law which provides measures to improve health and safety for pregnant and breastfeeding workers. The CJEU found that the employer had failed to perform an individual assessment of the employee’s circumstances, as required under the legislation, and rather it had conducted an assessment of the employee’s role as an accident and emergency nurse.

Accordingly, the CJEU held that failure to properly assess the risk posed by the work of a breastfeeding worker in accordance with the requirements of EU law must be regarded as less favourable treatment and constitutes direct sex discrimination.

Risk assessments for breastfeeding mothers