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23 June 2022
An employer who receives a flexible working request under the statutory scheme must: Deal with it in a reasonable manner Notify the employee of its decision within the three-month decision period, unless extended by agreement Only refuse a request on one or more of the following grounds the burden of additional costs; detrimental effect on ability to meet customer demand; inability to reorganise work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods the employee proposes to work; or planned structural changes…

21 June 2022
The way Employment Tribunals record their proceedings may soon be modernised, with handwritten notes being replaced by digital recordings and possibly even AI-assisted transcripts. The use of the latest technology to provide services rapidly accelerated during the coronavirus pandemic. During the lockdowns, whole swathes of government services and industries embraced technology to move online overnight. However, the Employment Tribunals still rely on the antiquated practice of using handwritten notes to provide a record of both online and in-person hearings. It is a wonder that they don’t require these to be written with a quill, perhaps on scrolls of parchment…

15 June 2022
Since 6 April 2003, eligible employees have been entitled to take either one whole week or two consecutive weeks' paternity leave within 56 days of a child's birth or placement for adoption. Since April 2015, this includes the birth of a child to a surrogate mother where the employee (and their partner) expects to obtain a parental order. The right to paternity leave was enacted when section 1 of the Employment Act 2002 inserted sections 80A to 80E into ERA 1996, pursuant to which the Secretary of State introduced secondary legislation, the Paternity and Adoption Leave Regulations 2002 (SI 2002/2788…

31 May 2022
Here are the most common situations in which a woman can experience unfavourable treatment because she is on maternity leave. Training and development Employers must ensure that women on maternity leave are informed of any jobs that become available, including opportunities for promotion and transfer, and must enable them to apply. Failure to do so is likely to be direct pregnancy and maternity discrimination in the arrangements made for training and development opportunities (paragraph 17.86, EHRC Code). Similarly, employers should ensure that the training and development opportunities it offers employees, which are often tailored to job roles, are not limited…

26 May 2022
Pregnancy and maternity is a protected characteristic in section 4 of the Equality Act 2010 (EqA). However, unlike the other eight protected characteristics, which are defined in sections 5 to 12, there is no definition of pregnancy and maternity in the EqA 2010. The key points to note are: Pregnancy and maternity discrimination in the workplace is prohibited in the specifically identified circumstances set out in section 18 of the EqA 2010 Under section 18 it is unlawful for an employer to discriminate by treating a woman unfavourably because: of her pregnancy during the protected period (see The…

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