Commentary and insights

Informed opinion, guidance and commentary on issues of interest to HR.

This tool includes:

  • Commentary and debate on HR and workplace practices.
  • Guidance and opinion on employment law developments.

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Latest items in Commentary and insights

  • HR talking point: Are non-binary employees protected from discrimination at work?

    17 August 2022

    The language of the Equality Act 2010 around gender reassignment discrimination can now seem outdated and raises questions over exactly who the Act covers. XpertHR senior employment law editor Susie Munro looks at the extent of the protection provided to employees who identify as non-binary or gender fluid.

  • Preventing bullying and harassment: Five reasonable steps for employers to take

    15 August 2022

    Under the Equality Act 2010, an employer can escape liability for acts of discrimination committed by its staff where it has taken "all reasonable steps" to prevent the discrimination. What steps should employers take to reduce the risk of liability for bullying and harassment committed by their workforce in the course of employment?

  • HR talking point: Why equality, diversity and inclusion training matters

    15 August 2022

    XpertHR principal employment law editor Stephen Simpson argues that the blithe devaluing of equality, diversity and inclusion training by senior government figures fails to take account of the practical and legal benefits that such training brings for employers, especially if they are facing an employment tribunal.

  • HR talking point: Developing case law on expressing gender-critical beliefs at work

    10 August 2022

    Two recent high-profile rulings have something important to say about direct religion or belief discrimination. However, both deal with a controversial topic - how an employer should deal with an employee who does not accept its approach to trans rights - so it is easy to miss that lying behind the controversy an important legal principle is being fought over, says consultant editor Darren Newman.

  • HR talking point: Industrial unrest - why more restrictive union laws are not the answer

    26 July 2022

    Consultant editor Darren Newman argues that more restrictive trade union laws, such as the lifting of the ban on using agency workers during industrial action and an increase in the level of damages that can be awarded against unions for unlawful industrial action, are not the answer to tackling the current wave of industrial unrest.

  • Statutory neonatal care leave and pay: What we know so far

    20 July 2022

    The Government has given its backing to the Neonatal Care (Leave and Pay) Bill, which is a Private Members' Bill sponsored by MP Stuart McDonald. This paves the way for the introduction of statutory neonatal care leave and pay. What do we know about this new type of family-friendly leave and what has the Government said about the timetable for its implementation?

  • Should employers pay for restrictive covenants?

    8 July 2022

    In some countries, clauses that restrict employees from working for a competitor or setting up their own business after they leave are not enforceable unless the ex-employee is paid. But would this work in the UK? Justin T Tarka, employment lawyer at Ogletree Deakins, looks at the pros and cons.

  • Supporting Muslims during Eid: Five employer questions

    7 July 2022

    With the Islamic festival of Eid Al-Adha expected to fall this weekend (9-10 July), many Muslim employees will be preparing for the celebrations. Sabah Ahmedi, one of the UK's youngest Muslim faith leaders, answers some key questions about supporting employees.

  • HR talking point: Expansion of healthcare professionals who can certify fit notes

    6 July 2022

    The expansion of the group of healthcare professionals who can now issue fit notes can have a positive impact on employers' sickness absence management procedures, writes XpertHR principal employment law editor Stephen Simpson.

  • Employment law changes 2022: Mid-year progress report for HR

    1 July 2022

    As we reach the midpoint of 2022, HR professionals would be forgiven for losing track of all the live employment law proposals and what they mean for their organisation. To assist HR with planning for the rest of the year and beyond, we round up the major employment law changes in the pipeline as of mid-2022.

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