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Tag: Employment

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UK heatwave and the work environment – Our employment law team weigh in

By Max Wootton – Senior Partner

As the heat wave continues to linger across the United Kingdom, many are asking what the potential impacts are on the working environment. The Health and Safety Executive (HSE) does not provide a recommendation on the maximum workplace temperature. This is because it is difficult to set any meaningful figure at the upper end of the scale due to the high temperatures found in, for example, factories or glass works.

Factors other than air temperature can also come into play in hot working environments, including radiant temperature, air velocity and humidity. That said, if the temperature at work is uncomfortably high because of hot processes, or even building design, the employer must still take all reasonable steps to ensure that workplace temperatures are at a comfortable level.

Employers have a statutory duty under the Health and Safety at Work etc Act 1974 to ensure, so far as reasonably practicable, the health, safety and welfare of their employees at work. This means that all employers are required by law to protect their employees from harm, including harm caused by excessive or uncomfortable workplace temperatures.

The Management of Health and Safety at Work Regulations 1999 require employers to undertake a risk assessment of the risks to the health and safety of their staff and take steps to control those risks where necessary. Under the 1999 regulations, an employer must:

  • identify the possibility of illness or injury from workplace temperatures
  • decide how likely it is that someone could be harmed in this way and how seriously
  • take action to eliminate the hazard, or if this isn’t possible, control the risk.

For most businesses exposed only to seasonal risks from hot or cold temperatures, the steps that need to be taken to control these risks are fairly straightforward. In most cases, this will be less about reducing the risk of illness or injury, and more about ensuring the thermal comfort of employees at work. Thermal comfort describes how acceptable a person considers their temperature, ie; whether they feel too hot or too cold.

 

For more information or assistance with employment law and HR service matters, speak with our team: https://www.cjchsolicitors.co.uk/business-law/employment-and-hr-services/

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International Women’s Day & The Equality Act

As International Women’s Day approaches, it is a time to reflect and celebrate the amazing accomplishments of women around the world and how far we have come in advancing the rights of women.

However, it is also a time to refocus on what needs to be done in order to achieve gender equality here in the United Kingdom and around the world.

With this in mind, CJCH’s Charlotte Bardet, (updated) qualified solicitor and software piracy client account lead, examines gender equality in the workplace in relation to the Equality Act 2010. In addition to how the legal profession can improve its record on the pay gap, hiring practices and work/life balance to help reach full gender equality.

What is The Equality Act 2010 and how does it impact the workplace?

The Equality Act 2010 is an Act of Parliament that consolidated and updated over 116 pieces of prior legislation relating to anti-discrimination law in Great Britain (Act does not apply to Northern Ireland) into one single Act.

Prior Acts included: Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976 and Disability Discrimination Act 1995

The Act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What is classed as gender discrimination? What are the differences between direct and indirect discrimination?

Under the Equality Act 2010, you must not be discriminated against because:

  • you are (or are not) a particular sex;
  • someone thinks you are the opposite sex (discrimination by perception);
  • you are connected to someone of a particular sex (discrimination by association).

Sex can mean either male or female, or a group of people like men or boys, or women or girls. This can be a one-off action or caused by a rule/policy. Importantly, it does not have to be intentional – someone may discriminate without realising it or meaning to.

There are four main types of gender/sex discrimination:

  • Direct discrimination – treating someone less favourably because of their sex than someone of the opposite sex would be treated in the same circumstances.
  • Indirect discrimination – when an organisation has a rule, policy or practice which applies in the same way to both sexes but which places someone of a particular sex at a disadvantage to the opposite sex.
  • Harassment
  • Victimisation

There are some exceptions that allow employers or organisations to discriminate because of your sex, including if it is an occupational requirement or if the organisation is taking positive action.

If you believe you’ve been discriminated against in your workplace because of your gender, what can you do

Firstly, complain/speak directly to your employer first to try and sort out the problem informally. Secondly, if the matter cannot be settled informally, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or a trade union representative.

Use mediation or alternative dispute resolution to try and settle the matter out of court. Finally, seek legal advice and potentially take a claim to the Employment Tribunal for discrimination.

 What are the main things employers can do to build a gender-equal workplace?

  • Train staff, and team managers in particular, how to identify discrimination when it takes place, how to deal with it and how to prevent it from happening again.
  • Ensure that both genders are treated fairly and equally in recruitment, training, hiring and promotion
  • Reassess job specifications for senior management positions and identify what barriers have been constructed which prevents either sex from filling them.
  • Remove the gender pay gap and be transparent about pay. Each position should have a pay bracket that outlines the salary for that role.
  • Prioritise a work-life balance and allow for flexible work arrangements.

Finish the sentence: We know we’ve achieved gender equality within the legal profession when…

My top three would be:

  • Legal letters no longer start with ‘Dear Sirs’
  • It is no longer known as a profession dominated by men in suits.
  • There are as many female partners as there are male partners (CJCH is proud to have gender equality on our board of directors)

Get in touch :

We know that discrimination in the workplace is a sensitive issue and difficult to talk about. That’s why our specialist team can assist you in getting a fair and quick solution. Get in touch with a member of our team today:

Email: employment@cjch.co.uk

Telephone: 0333 231 6405

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Supporting Employees & Gender Identity

The month of June marks Pride Month, celebrating the LGBT+ community worldwide.

CJCH joined a discussion looking at how employers can support employees when it comes to expressing their gender identity and how they can make the workplace a safe and understanding environment

It must be daunting for an employee to express to an employer, or their fellow colleagues, their gender identity. Unfortunately, discrimination in the workplace around individuals expressing their gender identity still exists. The biggest barrier to inclusion is a lack of knowledge amongst employers and employees. Therefore, raising awareness of these issues is vital to promote inclusion. Our solicitor, Myles Thomas, outlines how employers can best support their employees expressing their gender identity.

What is The Equality Act 2010 and The Gender Recognition Act 2004 and how do they protect employees?

The Gender Recognition Act 2004 allows people in the United Kingdom who have gender dysphoria, (which is the condition of feeling one’s emotional & psychological identity as male or female to be opposite of one’s biological sex), to change their legal gender.

The Equality Act 2010 protects individuals in Great Britain from (either direct or indirect) discrimination, harassment and victimisation. There are nine protected characteristics, which are:

  • Age
  • Race
  • Gender Reassignment
  • Pregnancy and Maternity
  • Disability
  • Religion or Belief
  • Marriage & Civil Partnership
  • Sex
  • Sexual Orientation
When it comes to employees who are transitioning, or who are expressing their gender identity, what is classed as discrimination?

You are entitled to protection from discrimination if you identify as transgender under the Equality Act 2010. Discrimination occurs under four categories:

  • Direct: When someone treats your worse than another person in a similar situation because you are transgender
  • Indirect: Where an organisation or employer has a policy or way of working that puts transgender people at a disadvantage
  • Victimisation: When you are adversely treated because you have raised the issue of gender reassignment discrimination under the Equality Act. You may also be victimised if you are connected to someone who has complained about gender reassignment discrimination.
  • Harassment: Where someone makes you feel humiliated, offended or degraded because you are transgender.
What are the consequences of discriminating against an employee because of their expressed gender identity?

The employee who is discriminated against could make a claim in the County Court or Employment Tribunal. The result is potentially a large financial penalty. For the individual in question, this may cause emotional distress and affect job performance.

How can employers make sure they are fully equipped to support an employee expressing their gender identity or transitioning?

The effectiveness of a ‘one size fits all’ approach is unlikely. The process is an ongoing one and every person expressing their gender identity is different. However, a good start for employers is open-mindedness to the needs of their employees. Moreover, take the time to understand their concerns. Additionally, awareness of potential health issues with gender reassignment. If an employee requires time off work, then these periods of time off should be treated the same as an employee needing time off for health-related issues.

How can employers make their workplace a safe and understanding environment for employees, no matter how they identify?

It is important to have a clear diversity policy, which is properly enforced & available to employees. Above all, the policy should state that employers will not tolerate any kinds of discrimination. There should be consideration for how to raise concerns and how to best protect individuals. Finally, regular training of employees and of HR employees will help create a culture of inclusivity and acceptance.

How can we help:

Seeking specialist employment law advice is essential to achieve the best outcome to a grievance, dispute or claim against a past, prospective or current employer. We recognise the importance of resolving sensitive employment difficulties. Speak to a member of our team today.

Get in touch via:

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

Announcements

Winner: Public Law Team of the Year 2022 – Wales Legal Awards

We are proud to announce that the CJCH Court of Protection team was named the Public Law Team of the Year in the 2022 Wales Legal Awards. Recognising the work they do with individuals who lack the capacity to act in their own best interests.

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Winner: Cardiff Life Awards 2019

With a dedicated focus on service excellence, and a passion for innovation the CJCH team was the proud winner of the best Legal and Financial Business of the Year in Cardiff for 2019!

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CJCH Solicitors appoints new Board member

Wales top 20 Law Firm and 2018 Financial and Professional Services Firm of the Year in the Cardiff Business Awards - CJCH Solicitors, has announced a major promotion in their leadership team welcoming Jodi Winter to their Board.

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Winner: Cardiff Business Awards 2018

CJCH Solicitors has experienced unprecedented growth and achieved important milestones over the last few years, all of which have culminated in the first half of 2018 being a prosperous year for us at the Firm and winning the Financial and Professional Services of the Year award.

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