The Supreme Court of the United Kingdom has held in Asda Stores Ltd v. Brierley and others that Asda supermarket retail employees can appoint Asda depot workers as their comparators in an equal pay claim despite their working in different ‘establishments’ of the business.
Following the Home Office’s 2020 response to the 2019 ‘Transparency in Supply Chains Consultation’, the UK government has launched an online central registry of statements published in compliance with requirements under section 54 of the Modern Slavery Act 2015. The aim of the registry is to make it easier for businesses and the public to find and review commercial organizations’ modern slavery statements. Reporting organizations are not yet legally obliged to upload their statements to the official registry. However, the Home Office is encouraging reporting organizations to do so voluntarily before the final amendments to the Modern Slavery Act take effect and make utilizing the government’s registry obligatory.
On 15 February 2021, the UK government imposed stricter requirements on individuals travelling or transiting from any of the 33 countries (‘red list countries’) that have had a travel ban to England applied. Separate advice applies to Scotland, Wales, and Northern Ireland.
Under section 109(1) of the Equality Act 2010 (EA 2010), an employer is liable for acts of discrimination, harassment, and victimisation carried out by its employees in the course of employment: “[a]nything done by a person (A) in the course of A’s employment must be treated as also done by the employer.” Section 109 further states that “[i]t does not matter whether that thing is done with the employer’s … knowledge or approval.” However, under section 109(4) EA 2010, an employer has a defence if it can demonstrate that it “took all reasonable steps” to prevent the employee from carrying out the act of discrimination. When considering an employer’s defence that it took all reasonable steps to prevent an employee from discriminating against another employee, a tribunal will examine how effective the steps were likely to be when they were taken and how effective they proved to be in practice. The decision of Allay (UK) Ltd v Mr S Gehlen looks at the scope of this defence.
On 11 January 2021, the UK Home Office published guidance on the “Covid Visa Concession Scheme (CVCS).” The scheme applies to individuals who left the United Kingdom before 17 March 2020, with permission to live in the UK, whose visas have since expired whilst they were abroad, and are now unable to return to the UK due to coronavirus travel restrictions. The CVCS allows those individuals to enter the UK to make leave to remain (LTR) or indefinite leave to remain (ILR) applications.