In 2019 a Mr Easton applied for a role with the Home Office to work in the Border Force. As part of that process he was required to fill in (without guidance) a blank box headed “Employment History” which he completed with details of prior roles held and the years in which each had begun … Continue Reading
In these days of fevered and angry social media comment on almost everything, it is always wise for HR to keep its feet anchored firmly on the ground when all that online bile and indignation washes up at the employer’s door. Here to help with that is this week’s Court of Appeal decision in Higgs … Continue Reading
A couple of weeks ago we asked readers of this blog to answer a couple of questions on their organisation’s use of (generative) artificial intelligence, and we promised to circle back with the results. So, drum roll, the results are now in.… Continue Reading
So now we finally have a definitive answer to the question of whether being on maternity leave at the time redundancies are declared gives you priority in the selection process. That answer is no. And yes. As we can say entirely definitively, it all depends. Let us take two scenarios. … Continue Reading
In the rapidly developing world of AI, federal regulators are again signaling that businesses and HR managers cannot depend on a “data made me do it” defense to employment decisions made with the help of AI systems. Expanding on guidance it released in May, the US Department of Labor (DOL) issued new guidance on October … Continue Reading
The Platform Workers Act coming into effect on 1 January 2025 will be a game-changer in Singapore’s labour landscape. It marks a significant step towards recognising the unique circumstances of platform workers and providing them with essential protections. As one of the first countries to establish specific safeguards for this growing workforce, Singapore is demonstrating … Continue Reading
California’s busy legislative year has come to an end, with Governor Gavin Newsom signing several new laws that will impact Golden State employers. Here, we summarize the laws expected to have the greatest impact on California employers in 2025. Unless otherwise noted below, these new laws take effect January 1, 2025.… Continue Reading
“Unfair dismissal rights from Day One”, said the Labour Manifesto, subject always to a probationary period in which terminations will not be challengeable as unfair provided that employers operate “fair and transparent rules and procedures” to provide what Angela Rayner described as “basic rights”. We are now told that the probationary period will be six … Continue Reading
There are a multitude of decided cases concerning employees dismissed for exhibiting unattractive beliefs at work, but rather fewer about those sacked for the mere holding of them. Particularly in view of this summer’s riots, that makes the EAT’s decision this month in Thomas -v- Surrey and Borders Partnership NHS Foundation Trust a timely and … Continue Reading
As we have previously reported about (here and here), 2024 has been a historic year in the United States for state legislation aimed at protecting employees from harm arising out of the use of artificial intelligence (“AI”) systems. In May, Colorado passed the first US law addressing algorithmic discrimination in private sector use of AI … Continue Reading
In today’s divisive climate, political speech in the workplace is a topic of increasing relevance and complexity. While workplace discrimination based on race, gender, religion, age, or disability has long been prohibited, discrimination on the basis of an employee’s political affiliations or beliefs is a more nuanced, often overlooked challenge since it is not among … Continue Reading
If the UK introduced a piece of employment law to require all employees to be nice to each other in the workplace, then you would instantly and rightly dismiss it out of hand. What a ridiculous idea – how can you define what it is to be “nice” and without that, how can you determine … Continue Reading
“HMRC boss sending worker unwanted birthday card was harassment“, said the Times Online yesterday, surely a second nailed-on candidate for 2024’s No Good Deed Awards after a similar allegation earlier this year in relation to offering an older worker a chair. Needless to say, there is somewhat more to the story than that, so those … Continue Reading
In an earlier post we looked at how far a settlement agreement could validly waive claims in respect of things which haven’t yet happened. The Scottish Court of Session in Bathgate -v- Technip UK Limited had very sensibly indicated that you can agree not to pursue future rights provided that the settlement agreement contains wording … Continue Reading
Squire Patton Boggs’ Summer Associate Luis Ayala Gutierrez discusses recent guidance relating to the application of New Jersey’s employment discrimination law to remote workers. Although the pandemic is (mercifully) mostly behind us, many employers who implemented remote work arrangements as a pandemic measure have retained hybrid in-office/remote or fully remote workforce arrangements, providing employees with … Continue Reading
We recently wrote about Colorado’s historic law aimed at protecting, among others, employees and employment applicants from harm arising out of the use of artificial intelligence (AI) systems. Although Colorado is the first state to pass legislation addressing AI-based discrimination, similar bills have been proposed in at least six other states as well as at … Continue Reading
On May 17, 2024, Colorado became the first U.S. state to pass a law aimed at protecting consumers from harm arising out of the use of artificial intelligence (“AI”) systems. Senate Bill 24-205, or the “CAIA,” is designed to regulate the private-sector use of AI systems and will impose obligations on Colorado employers, including affirmative … Continue Reading
The recent decision of the Hamburg Labour Court concerning a German works council’s attempt to enforce a ban on the use of AI in a workplace makes it clear once again that employers cannot simply let the use of AI run its course unchecked. Employers are well advised to take a moment check their current … Continue Reading
What with God, theatre and lesbians, the recent EAT decision in Omooba – v – Michael Garrett Associates and Another might truly be said to be the case that has it all. Sadly the legal points underneath the facts are rather more prosaic, but this ruling is nonetheless worth noting for their possible practical application … Continue Reading
Lonnie Billard was a well-loved and decorated drama and English teacher at Charlotte Catholic High School (CCHS) in Mecklenburg County, North Carolina. He was named Teacher of the Year in 2012 after serving the Catholic high school’s students for eleven years. Two years later, CCHS told Mr. Billard he was not welcome back as a … Continue Reading
In Belgian law, there are certain periods of employment during which there are greater than usual restrictions on an employer’s ability to dismiss an employee. These include periods of maternity, parental and other types of care leave. Parting company with employees during any period when they are protected against dismissal can become a costly affair, … Continue Reading
In a prior post in our German Workplace Harassment series, we discussed possible measures and sanctions employers may take against harassers in their company and some relevant court rulings. Today we would like to examine the question of compensation for harassment from the perspective of the victim.… Continue Reading
Back in October 2022 we reported here on the EAT’s decision in Bathgate -v- Technip UK Limited. This was a particularly unnerving ruling to the effect that settlement agreements could not cover claims yet to arise because of the requirement under section 147 Employment Rights Act that such agreements must relate to “particular claims”. The … Continue Reading
In 2010, the New York Court of Appeals (which is the highest state court in New York) established a test to determine the territorial scope of the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) – each of which protect employees and applicants for employment from employment-based … Continue Reading
