Expert Analysis

• Key Takeaways From ICO Report On Workforce Monitoring

  

  The Information Commissioner's Office recently published guidance on workplace monitoring, highlighting that employers must strike a balance between their business needs and workers' privacy rights to avoid falling afoul of U.K. data protection law requirements, say lawyers at MoFo.

• Creating A Safe Workplace Goes Beyond DEI Compliance

  

  The Financial Conduct Authority and Prudential Regulation Authority recently proposed a new diversity and inclusion regulatory framework to combat sexual harassment in the workplace, and companies should take this opportunity to holistically transform their culture to ensure zero tolerance for misconduct, says Vivek Dodd at Skillcast.

• Bias Claim Highlights Need For Menopause Support Policies

  

  The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.

• UK Case Offers Lessons On Hiring Accommodations

  

  The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.

• Firms Should Prepare For New DEI Reporting Requirements

  

  While the Financial Conduct Authority and Prudential Regulation Authority's recent proposals on diversity and inclusion in the financial sector are progressive, implementing reporting requirements will pose data collection and privacy protection challenges for employers, say lawyers at Fieldfisher.

• Socioeconomic Data Shows Diversity Needed In Legal Sector

  

  U.K. solicitors come from the highest socioeconomic backgrounds compared with the wider workforce, and with the case for a greater focus on diversity and inclusion stronger in law than in any other sector, now is the time to challenge the status quo decisions that affect equality and representation, says Nik Miller at the Bridge Group.

• How Employers Can Support Neurodiversity In The Workplace

  

  A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.

• Retained EU Law Act Puts Employment Rights Into Question

  

  The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.

• Employers Can Expect More Emphasis On Work Culture Regs

  

  The U.K. government has recently backed a package of employment legislation, including an act that granted the right to request a predictable working pattern, reflecting an increased understanding of how workplace culture feeds into hiring decisions and the ability to retain employees, says Christopher Hitchins at Katten.

• Employer Due Diligence Lessons From Share Scheme Case

  

  The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.

• How Insurance Policies Can Cover Generative AI Risks

  

  As concerns rise about the new risks that businesses face as a result of generative artificial intelligence tools, such as AI-facilitated hacking and intellectual property infringement, policyholders should look to existing insurance policies to cover losses or damages, says Josianne El Antoury at Covington.

• 'Right To Disconnect' On The Rise Amid Remote Work Shift

  

  Amid the recent shift to remote work, countries are increasingly establishing regulatory frameworks supporting employees' rights to disconnect, which brings advantages for both companies and their workers, say Stefano de Luca Tamajo and Camilla De Simone at Toffoletto De Luca.

• Balancing DEI Data Collection And Employee Privacy Rights

  

  Despite an increased focus on developing inclusive workplace culture, recent research shows that discrimination remains pervasive in the U.K., highlighting the importance for employers to think carefully about what diversity data is needed to address existing inequalities, say attorneys at MoFo.

• How A Proposed Bill Could Change Workplace Bullying Law

  

  If the U.K. government adopts the recently proposed Bullying and Respect at Work Bill, victims of bullying in any workplace would have the right to claim separately and specifically for bullying, as opposed to relying on the other claims currently available, so a key challenge will be how bullying is defined within the legislation, says Ranjit Dhindsa at Fieldfisher.

• Employers Should Prepare For UK Immigration Changes

  

  In light of the U.K. government's recent proposal to raise civil penalties for illegal working breaches and toughen visa sponsorship rules, employers should ensure they have foolproof systems for carrying out compliance checks and retaining specified documentation, says Annabel Mace at Squire Patton.