The Court of Appeal recently upheld an Employment Appeal Tribunal decision that Asda's lower-paid, predominately female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff. While the facts are specific to Asda, any employer with different groups of predominantly male or female workers should review its pay practices, regardless of whether these groups work at the same site.
The government recently published a consultation paper extending protection from redundancy for pregnant women, women who have returned to work after maternity leave and new parents. The paper seeks views on whether protection should be extended throughout pregnancy and for a period after a woman returns to work and whether this should also apply to parents who have taken other types of leave.
In 2018 sickness absences cost UK employers an average of £656 per employee. With employers likely to experience the highest levels of sickness absence between January and March, those looking to tackle short-term intermittent sickness absence may want to consider (among other things) offering flexible working options and duvet days while limiting the amount of annual leave employees take in the summer.
The government recently published details of its Good Work Plan, which sets out its considered position on the Taylor review of modern working practices. While the plan provides useful information on what is likely to happen, it is too early for employers to do much to prepare. The draft regulations that have been published so far are relatively straightforward and most changes will not come into effect until April 2020 at the earliest.
There were a number of significant employment law decisions in 2018, particularly on the issue of employment status, which continues to be a hot topic. In addition, the fallout from various high-profile allegations of sexual harassment and the resulting #MeToo movement has continued, with the use of non-disclosure agreements in harassment cases provoking debate. There are also various reforms planned following the government's response to the Taylor review of modern working practices.