UK Tribunal Rules – ‘Stale’ Standalone Training Proves Insufficient Defence to Race Harassment Claim

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.

What Is the United Kingdom’s ‘Covid Visa Concession Scheme (CVCS)’?

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.

EU-UK Trade and Cooperation Agreement Provides a Grace Period for Free Flow of Personal Data

After the political and constitutional upheaval of the last four years that has been Brexit, a trade deal—the EU-UK Trade and Cooperation Agreement—was finally reached between the United Kingdom (UK) and the European Union (EU) on December 24, 2020, just days before the deadline when the UK was set to crash out of all EU treaties.