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The concept whereby an employee suffers from the conduct of, or an act by, an employer or another person which is in the form of harassment.
Harassment can occur by way of bullying in the workplace or on the basis of discrimination. In the latter case, there the definition for harassment is unwanted conduct on the grounds of race, gender, sexual orientation etc. which has the purpose or effect of either violating the claimant's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
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ESG board advisory—checklist Investors care about the environmental, social and governance (ESG) standards that their portfolio companies are demonstrating, and regulators (such as the FCA in the UK) are making ESG disclosures a priority for public companies. For more on ESG, see Practice Notes: ESG—new starter guide and Sustainable business and environmental, social, governance (ESG)—introduction for companies and advisors. As institutional shareholders invest record amounts in ESG-conscious funds and companies, boards of directors are looking for ways their companies can design and implement a business strategy that produces a sustainable future and remain relevant in a world where climate change, social injustice, pandemics, disease prevention, and wellness are the new normal. This checklist provides guidance for boards to help formulate their ESG strategy. The key takeaways include that boards: • need diverse members with appropriate ESG skills to make sure their companies' strategies are sustainable and relevant • should consider issuing green bonds to fund sustainable projects and to access ESG capital • should know their ESG proxy...
Conducting an illegal content risk assessment under the Online Safety Act 2023—checklist This Checklist sets out the key steps to follow when carrying out an illegal content risk assessment under the Online Safety Act 2023 (OSA 2023). Conducting a ‘suitable and sufficient’ illegal content risk assessment is one of the illegal content duties under OSA 2023. It is the first step of compliance and should be used to assess the level of risk associated with a particular service, which in turn will inform decisions about the measures a service will need to take in order to comply with its legal obligations. For guidance on services within scope of OSA 2023 and further general guidance on the duties of care, see Practice Note: The Online Safety Act 2023. This Checklist is based on Ofcom’s guidance entitled Protecting people from illegal harms online—Risk Assessment Guidance and Risk Profiles (Risk Assessment Guidance). It is designed to provide an introduction to the steps required, with references to the relevant parts of the Risk Assessment...
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This Practice Note considers harassment under the Equality Act 2010 (EqA 2010), namely subjecting someone to unwanted conduct which is related to a relevant protected characteristic (race, sex etc), where the conduct has the purpose or effect of violating the victim's dignity or creating an environment that is intimidating (eg bullying), hostile, degrading, humiliating or offensive.Sexual harassment (ie unwanted conduct of a sexual nature which has the requisite purpose or effect), and the duty on employers to prevent sexual harassment, are dealt with separately in Practice Note: Sexual harassment and the duty to prevent it.The Practice Note also considers the Protection from Harassment Act 1997 (PHA 1997) (see: Protection from Harassment Act 1997, below).This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.Domestic laws that implement UK obligations under EU law are assimilated law. For further information, see Practice Note: Assimilated law.EHRC...
This Practice Note sets out the circumstances in which claims of discrimination, harassment and victimisation and certain other claims, known as ‘prohibited conduct’ claims under the Equality Act 2010 (EqA 2010), may arise, before, during and after employment.This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.Domestic laws that have been made to implement UK obligations under EU law (such as the obligation to implement a Directive) were retained EU-derived domestic legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). From 1 January 2024, under the Retained EU Law (Revocation and Reform) Act 2023, EU-derived domestic legislation is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under EU(W)A 2018). For more information, see Practice Note: Assimilated law.The meaning of...
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Letter of instruction to single joint expert—employment tribunal proceedings Private & confidential [Insert name and address of expert] [Insert date] Dear [insert name of expert] [Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345] Instruction to act as single joint expert Thank you for agreeing to act as the expert witness in this matter. As you know you will be acting as a single joint expert. We act for [insert name of client] who is [bringing OR defending OR an employment tribunal claim against [insert name of opposing party/parties]. This letter has been countersigned by the solicitors acting on behalf of [insert name of opposing party/parties] to confirm their agreement to the terms of this letter. The aim of this letter is to provide you with the relevant factual background, key documents and to identify the issues you will need to consider. As an expert witness you will be aware of the need for you to comply with certain duties and ensure...
Legal due diligence questionnaire—asset purchase—employment Definitions In this questionnaire, the following words and phrases have the meaning set out opposite them. [CA 2006 • the Companies Act 2006;] [Business • the business of [insert description of the business] operated by the Seller and all other activities including those ancillary or incidental to or in connection with such business as carried on by the Seller;] Buyer • [insert name of buyer] Limited incorporated in England and Wales under number [insert company number]; Employee • any person employed or engaged to work in, or assigned to, the Business[, including any based overseas]; EqA 2010 • means the Equality Act 2010; ERA 1996 • the Employment Rights Act 1996; Group • the Seller and each of the Subsidiaries (including [insert names of companies that may not fall under definition of subsidiary from CA 2006]) and Group Company means any of them; pseudonymised • where information is processed in such a way that names or other identifiers that can be easily...
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An individual is employed on a one-year fixed-term employment contract as maternity cover. Following a cancer diagnosis part-way through the fixed-term, their contract is extended for seven months to allow the employee to benefit from enhanced sick pay. At the date of termination, the employee would still have the benefit of a few months of half-pay under the terms of the enhanced sick pay scheme before their sick pay reduces to nil. The other employee has returned from maternity leave. Is there a risk of disability discrimination claims? Disability discrimination Under section 6 of the Equality Act 2010 (EqA 2010) and EqA 2010, Sch 1, Pt 1, cancer is considered (without more) to be a disability for the purposes of EqA 2010. See Practice Note: Disability. Consideration will need to be given to the different types of discrimination and other prohibited conduct set out in EqA 2010. See the section of Practice Note: Disability discrimination entitled ‘The basic types of discrimination and other prohibited conduct’, and the more detailed Practice...
Can a self-employed individual bring a claim for sexual harassment in the employment tribunal against the company they work for? An individual who has been sexually harassed potentially has a claim under the Equality Act 2010 (EqA 2010) and/or under the Protection from Harassment Act 1997 (PHA 1997). Equality Act 2010—protection against harassment Harassment is prohibited under EqA 2010. Protection against standard harassment is provided where an individual is subjected to: • unwanted conduct • that is related to a ‘relevant protected characteristic’ that they have, and • the unwanted conduct has the purpose or effect of: ◦ violating their dignity, or ◦ creating an environment that is intimidating, hostile, degrading, humiliating or offensive to them The ‘relevant protected characteristics’ for these purposes are: • age • disability • gender reassignment • race • religion or belief • sex, and • sexual orientation There is separate protection against conduct which is of a sexual nature. This type of harassment does not need in any way to 'relate to'...
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Welcome to the 12 June 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.
This edition of Employment weekly highlights includes: (1) an EAT decision reminding employers of the need to consider alternative employment in a redundancy situation; (2) a Women and Equalities Committee (WEC) report evaluating the UK’s parental leave system; (3) an EAT decision on the employment tribunal’s approach to striking out a claim; (4) an EAT warning about objecting to applications for extensions of time; (5) the July 2025 edition of the Industrial Relations Law Reports (IRLR), (6) dates for your diary, and (7) other news items of interest to employment practitioners.
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