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If a job is advertised in a way that could be considered discriminatory, a candidate can only claim less favourable treatment if they genuinely intended to apply for and take on the role.

What does the law say?

To prove unlawful sex discrimination, there must be evidence of some form of less favourable treatment. The case of Keane v Investigo (EAT) (2009) established that such treatment is not applicable if the claimant didn’t genuinely intend to apply for the job. Essentially, protection against unlawful discrimination doesn’t cover individuals who had no intention of accepting a job offer even if given one.

Details of the case

The claimant, based in Hounslow, London, had a varied work history and life centred around London since coming to the UK from France. The respondent, a Chinese restaurant in Glasgow, posted a job ad online seeking female takeaway staff.

The job ad read:

“Takeaway female staff who can speak English fluently needed to join Shamila’s café near the beautiful area of Ruchill park. The candidate needs to help with customer service and in the kitchen. The selected candidate also needs to work the weekend full time but he/she will have 2 days off during the week. The salary is negotiable and depends on your experience”

The claimant didn’t apply or attempt to contact the restaurant. He didn’t show any interest in relocating to Glasgow or applying for other jobs in Scotland. Nevertheless, he filed a claim for sex discrimination.

Employment Tribunal

The ET scrutinised the claimant’s motivations to determine if he genuinely intended to move to Scotland and take the job. The claimant was deemed capable of contacting the restaurant, and the use of “he/she” in the ad indicated the employer might consider male applicants too.

No evidence suggested the claimant wanted to relocate. He claimed he wanted the job due to the mention of a “beautiful park” but the ET found this unconvincing.

Since the claimant had no genuine intention of applying for the role, the ET ruled there was no less favourable treatment, leading to the dismissal of his claim. The claimant was then ordered to pay £697 to the respondent due to vexatious and unreasonable behaviour in bringing a baseless claim.

This case reiterates how common it is for claims to be brought against businesses when an expert eye isn’t cast over contracts, policies and job adverts. Supportis provide fixed fee, truly unlimited advice to ensure your business doesn’t fall foul of the law. Contact our friendly team for a free, no-obligation chat around how we can help on 0161 603 2156 or email us at [email protected].

What are the consequences for employers regarding the potential new obligations to safeguard workers against mistreatment from clients, customers, and suppliers?

While most businesses disapprove of third-party harassment towards their employees, the extent to which they proactively prevent and manage it will become a crucial concern if a new law holds employers potentially accountable for such harassment. This law would encompass any harassment by individuals other than the employer or its employees.

The Worker Protection (Amendment of Equality Act 2010) Bill

The Bill is currently in the process of parliamentary approval, aims to establish this protection. Similar to the existing harassment protection in the Equality Act 2010, if these proposed changes are implemented, instances of third-party harassment must be connected to a relevant protected characteristic. Furthermore, organisations will be expected to take reasonable measures to mitigate such harassment in order to establish a valid defence.

Previously, third-party harassment was unlawful under the Equality Act 2010, until the corresponding provisions were repealed in 2013. Historically, employers could defend against third-party harassment claims by demonstrating reasonable preventive actions and showing no more than two prior instances of such harassment against an employee.

New liability

The potential new liability is more demanding for employers. If the Bill becomes law, a single incident of third-party harassment could trigger employer liability unless the organization has taken all reasonable precautions to prevent it. Preventing third-party harassment is not a one-size-fits-all approach, but at the very least, consider the following steps:

  1. Policies: Develop policies that clearly condemn third-party harassment and establish procedures for reporting incidents. Training staff and third parties on these policies can support the “all reasonable steps” defence.
  2. External Communication: Share anti-harassment policies with third parties through methods tailored to the relationship, such as including them in agreements or contracts.
  3. Notices: Display visible signage stating a zero-tolerance policy for third-party harassment. Include anti-harassment language in communication mediums like telephone messages and email signatures.
  4. Action: Responding effectively to incidents of third-party harassment is crucial for the “all reasonable steps” defence. Tailor your actions to the specific third party involved.

Even if the Bill does not become law, proactively addressing harassment in your organisation will minimise the risk of complaints and disputes. It’s also a fundamental aspect of a strong ESG (Environmental, Social, and Governance) strategy. Ultimately, this approach shapes your organisational culture, positively impacting reputation, staff retention, and customer relations.

Supportis provide fixed-fee, truly unlimited advice to ensure your business doesn’t fall foul of the ever-changing legislation that UK employers must follow. Contact our friendly team for a free, no-obligation chat around how we can help on 0161 603 2156 or email us at [email protected].

The government has confirmed it will introduce a cap on ‘low-value’ degrees that it believes are ripping off students and taxpayers.

This follows a sharp rise in “rip-off” degrees and further education/specialist courses, which are often offered by institutions with little or no reputation. These degrees can be expensive and may not be recognised by employers. If your employees are partaking in any further education, it’s worth taking heed of the below advice before signing up to a course and, of course, before parting with money, so that your business doesn’t end up out of pocket for what are being called ‘scam’ courses and degrees.

To avoid falling victim to a “rip-off” degree, it’s advised to check the reputation of the institution, making sure that the degree is accredited, and being aware of the cost of the degree.

Checking whether a course is legitimate

The National Association of Colleges and Employers (NACE) can provide guidance on whether or not a degree is legitimate.

The government plans to ask the Office for Students (OfS) to limit the number of students that universities can recruit onto courses that are not delivering good outcomes for students.

According to the Department for Education (DfE), courses with poor outcomes have high drop-out rates, do not lead to good jobs, and leave young people with poor pay and high debts.

The OfS would be given the power to limit the number of students that universities can recruit onto these courses, or even to close them down altogether.

This is part of the government’s plan to improve the quality of higher education in the UK and to ensure that students get a good return on their investment.

Here are some additional details about the plans:

  • The OfS would be given a new set of metrics to assess the quality of courses. These metrics would include things like drop-out rates, graduate employment rates, and average salaries.
  • The OfS would be able to limit the number of students that universities can recruit onto courses that are not meeting the new metrics.
  • The OfS would also be able to close down courses that are consistently failing to meet the new metrics.

The government hopes that these plans will help to improve the quality of higher education in the UK and to ensure that students get a good return on their investment.

Key points:

  • “Rip-off” degrees are often offered by institutions with little or no reputation.
  • These degrees can be expensive and may not be recognised by employers.
  • There are a number of things that you can do to avoid falling victim to a “rip-off” degree.
  • If you are still unsure about whether or not a degree is legitimate, you can contact NACE for guidance.

Hiring apprentices rather than graduates

Apprentices are typically more cost effective to hire than graduates for an SME. The government provides financial support for employers who take on apprentices, which can help to offset the costs of training. Apprentices are typically eager to learn and to gain experience, which can make them more productive employees.

Apprentices are more likely to stay with their employers after they have completed their training. This is because they have developed a strong relationship with their employer and have a vested interest in the company’s success.

Apprentices can bring new ideas and perspectives to the workplace. They’re often exposed to a wider range of experiences than graduates, which can help them to think more creatively and solve problems in new ways.

We can offer Apprentice contracts, junior contracts and bespoke employment advice to employers.

To stay in the loop with what’s happening in UK HR, Employment Law and Health & Safety, check us out on Instagram & LinkedIn, we post every weekday! We specialise in supporting UK businesses like yours, get in touch today on 0161 603 2156 or email us at [email protected] to see how we can help your business flourish…

We outline five hot employment law issues that HR professionals need to prepare for in the UK. These are:

  1. The Retained EU Law (Revocation and Reform) Bill: The bill is currently going through the legislative process in Parliament. It is expected to be passed into law later this year. This bill could create legal uncertainty for employee and employer rights on the sale of a business, working time, guaranteed paid holidays and equality of treatment for part-time and fixed-term workers. 
  2. The upcoming Employment Tribunal fees review: The review is being conducted by the Ministry of Justice, and it is expected to consider a range of options, including:
    Abolishing fees altogether.
    Reducing the level of fees.
    Introducing a means-tested system of fees.
    Introducing a system of legal aid for employment tribunal claims.
    The government has announced that it will review the current employment tribunal fees system, which could lead to changes in the way that employees bring claims against their employers.
  3. The rise of the gig economy: In the UK, the number of people working in the gig economy is estimated to be around 4.7 million. This represents around 10% of the UK workforce. The gig economy is growing rapidly in the UK, and this raises a number of employment law issues, such as whether gig workers are entitled to the same rights as traditional employees.
  4. The potential for a four-day working week: There is growing interest in the four-day working week, and this could have a significant impact on employment law, such as the need to review working time regulations.
  5. The increasing use of artificial intelligence (AI) in the workplace: AI is increasingly being used in the workplace, and this raises a number of employment law issues, such as the need to protect employees from discrimination and the need to ensure that AI systems are fair and transparent.

For more concise news stories, and to stay in the loop with what’s happening in UK HR, Employment Law and Health & Safety, check us out on Instagram & LinkedIn, we post every weekday! We specialise in supporting UK businesses like yours, get in touch today on 0161 603 2156 or email us at [email protected] to see how we can help your business flourish…

Nine-day fortnight proves more popular than four-day week 

A new study by recruitment company Hays has found that more employers are considering or have already implemented a nine-day fortnight, compared to a four-day week.

The study surveyed 3,483 UK employers and found that 28% have implemented or are considering implementing a nine-day fortnight, compared to 22% who are considering or have already implemented a four-day week.

There are a number of reasons why the nine-day fortnight is becoming more popular. For one, it can help to improve work-life balance. When employees have an extra day off each fortnight, they have more time to relax and recharge, which can lead to lower stress levels and improved overall well-being.

Another reason why the nine-day fortnight is becoming more popular is that it can boost productivity. Studies have shown that employees who work shorter hours can actually be more productive. This is because they are less likely to feel stressed or burned out, and they have more time to focus on their work.

Overall, the nine-day fortnight is a working pattern that has the potential to benefit both employees and employers. If you are considering implementing it in your workplace, I encourage you to do your research and talk to your employees about the idea. 👍

Here are some additional tips for implementing a nine-day fortnight:

  • Start small: If you are not sure how your employees will react to a nine-day fortnight, you can start by offering it as a trial period.
  • Be flexible: The best way to implement a nine-day fortnight will vary depending on your company and its employees. Be willing to be flexible and adjust the plan as needed.
  • Communicate effectively: Make sure that your employees are well-informed about the changes and that they have a chance to provide feedback.

More about the Nine-Day Fortnight: A Working Pattern with Benefits

The nine-day fortnight is a working pattern that is gaining popularity in the UK. It involves employees working 9 days in a fortnight, instead of the traditional 14. This means that they have 3 days off each fortnight, instead of the usual 2.

There are a number of benefits to the nine-day fortnight, including:

  • Improved work-life balance: Employees have more time to relax and recharge, which can lead to lower stress levels and improved overall well-being.
  • Reduced absenteeism: Employees are less likely to take sick days when they are not feeling stressed or burned out.
  • Increased productivity: Studies have shown that employees who work shorter hours can actually be more productive.
  • Increased employee satisfaction: Employees who are happy with their work-life balance are more likely to be motivated and engaged in their work.

To stay in the loop with what’s happening in UK HR, Employment Law and Health & Safety, check us out on Instagram & LinkedIn, we post every weekday! We specialise in supporting UK businesses like yours, get in touch today on 0161 603 2156 or email us at [email protected] to see how we can help your business flourish…

A new report from Deloitte has found that only half of LGBTQ+ workers in the UK are comfortable being ‘out’ at work.

The report, which surveyed over 5,000 LGBTQ+ individuals across 13 countries, found that the UK had the highest proportion of people who were comfortable disclosing their sexual orientation to colleagues (52% compared to 43% globally). However, there were still barriers to inclusion, with many respondents reporting that they had experienced discrimination or micro-aggressions at work.

The report also found that LGBTQ+ workers who are ‘out’ at work are more likely to be satisfied with their jobs and to be seen as leaders. They are also more likely to be open about their sexual orientation to customers and clients.

The report’s findings suggest that there is still work to be done to create more inclusive workplaces for LGBTQ+ employees – 52% had reported non-inclusive behaviours. Those who did not report cited a lack of faith in their employers to take action (35%) or take the complaint seriously (42%).

Here are some of the key findings of the report:

  • Only half of LGBTQ+ workers in the UK are comfortable being ‘out’ at work.
  • The UK has the highest proportion of people who are comfortable disclosing their sexual orientation to colleagues.
  • LGBTQ+ workers who are ‘out’ at work are more likely to be satisfied with their jobs and to be seen as leaders.
  • They are also more likely to be open about their sexual orientation to customers and clients.

The report’s findings suggest that there is still work to be done to create more inclusive workplaces for LGBTQ+ employees. However, the report also highlights the progress that has been made in recent years.

Organisations must make protecting LGBTQIA+ employees from discrimination and harassment a high priority, and ensure everyone’s personal safety. In addition to culture, employers can utilise tools such as whistleblowing policies or advice lines, that can help to shape a more inclusive working environment.

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