EHRC consultation on updated guidance on sexual harassment in the workplace
The Equality and Human Rights Commission ("EHRC") have opened a consultation on technical guidance on sexual harassment and harassment at work, which will run until 6 August 2024. The guidance has been updated to include information on the new duty on employers to prevent sexual harassment in the workplace that is due to come into force this October. It confirms that the "preventative duty includes prevention of sexual harassment by third parties". As drafted, the legislation bringing into force the preventative duty does not include a right for workers to bring a claim for sexual harassment by third parties to an employment tribunal, but employers need to be aware that the EHRC can still use their enforcement powers should an employer fail to prevent harassment by third parties. The Labour party manifesto also included a promise to strengthen the duty on employers to take "all" reasonable steps to prevent sexual harassment, so further updates to the guidance may be required if/when this is acted upon.
Updated guide to right to works checks published
The Home Office has published an updated Right to work checks: an employer's guide. Updates include (1) that employers are no longer required to carry out repeat checks on holders of pre-settled status under the EU Settlement Scheme and (2) the provision of more information on eVisa's replacement of biometric residence permits.
Generative AI "evolutionary not revolutionary" in the workplace
A recent study of technology leaders has found that 99% of respondents believed generative AI will not replace jobs. Although 74% of UK tech employers use generative AI to some extent, more than half say it is used as a productivity tool to increase efficiency in existing jobs. A similar number are yet to find a clear use for it beyond being a productivity tool. The survey also found generative AI policies have been rapidly rolled out, with around 40% of tech leaders remaining concerned about its misuse.
IoD publishes consultation document on a voluntary Code of Conduct for Directors
The Institute of Directors ("IoD") has published a consultation paper on a Code of Conduct for Directors. This is intended as a practical tool to help directors make better decisions and to provide them with a behavioural framework to enable them to build and maintain the trust of the general public. The Code will be voluntary and will be based under six key principles of conduct. The six key principles are leading by example, integrity, transparency, accountability, fairness and responsible business. The consultation closes on 16 August.
Definition of a "woman" removed from Gender Representation on Public Boards (Scotland) Act 2018
Following the Court of Session judgments in For Women Scotland Ltd v Lord Advocate and For Women Scotland Ltd v Scottish Ministers the Scottish Parliament has passed a Bill removing the definition of woman from the Gender Representation on Public Boards (Scotland) Act 2018 ("the Act"). The practical effect of this is that, for the purposes of the Act, woman includes biological women and trans women with a gender recognition certificate. The Act seeks to have 50% of non-executive members on public sector boards in Scotland to be women.
