Workplace AI
The recently published AI Skills for Life and Work: Employer Survey Findings has found that 60% of UK employers are not using AI and do not plan to. Of the one in three UK employers that do use AI, usage is predominantly focused within the information and communications sector. However, 94% of those who do use it say they do not rely on it. More than half of those using it rate the level of knowledge in their business overall as beginner or novice with only 11% of employers having staff undertake training on AI in the last twelve months. The survey findings are perhaps a little surprising given the media-generated message on the extent to which AI is taking over. However, the survey suggests both further training for AI users and non-users to help businesses understand the benefits AI could bring.
Women in board and leadership roles
The UK Government backed, business led annual FTSE Women Leaders Review was published in February. The review looks at women's representation on boards and more generally in leadership roles of FTSE 350 companies and fifty private companies. This year found that 69% of the FTSE 350 companies met or exceeded the target of having a minimum of 40% women's representation on boards. However, the fifty private companies lag behind with only 33% meeting or exceeding the 40% target.
Private companies did outperform FTSE 350 companies when looking at representation on the executive committee or among direct reports to the executive committee. However, that was only to the extent that 38% of the private companies met the 40% representation target while only 31% of FTSE 350 companies met it. In FTSE 350 companies the number of women in the roles of Chair and Finance Director decreased compared to last year whereas the number of female CEOs and senior independent directors increased. Across the private companies, the number of female Chairs and CEOs increased compared to last year while the number of senior independent directors decreased and the number of Finance Directors remained static.
Judicial review challenge to EHRC interim update dismissed
The Equality and Human Rights Commission (EHRC) interim update issued following the Supreme Court judgment in For Women Scotland v The Scottish Ministers has a short but turbulent history. Issued with the intent of providing practical guidance on the duties of employers, service providers, sporting bodies, schools and associations to provide single sex spaces, it was issued, criticised, amended and then finally withdrawn. In amongst these events, a judicial review application was made that asserted the update was wrong in law and the EHRC acted unlawfully in publishing it; that by publishing the update the EHRC had breached obligations under the Equality Act 2006 which sets out the duties of the EHRC; and that if the update correctly stated the requirements of the Equality Act 2010, those requirements were incompatible with rights under the European Convention on Human Rights (ECHR).
The High Court dismissed the application on all grounds of challenge. It found that the update was lawful, that the EHRC had fulfilled its duties under the Equality Act 2006 and that the claimant's rights under the ECHR were not breached. There remains a lack of clarity on the obligations of employers and service providers in relation to these issues. Recent employment tribunal judgments have been inconsistent, some are under appeal and the claimants in this judicial review have expressed an intention to appeal. Any employer dealing with issues arising from the For Women Scotland judgment should seek legal advice.
