In this session James and Rachael looked at some very recent developments in the case law around sham job applicants and what action you need to take now in relation to modern slavery statements. Looking forward, they explained your obligations so far as gender pay gap reporting is concerned.

1. Have your say @brownejacobson
Sham job applicants, modern slavery and the
gender pay gap – what you need to know

2. Have your say @brownejacobson
What you need to know
Sham job applicants, modern slavery and the gender pay gap
Connect with James
james.tait@brownejacobson.com
+44 (0)121 237 3999
Connect with Rachael
rachael.jellema@brownejacobson.com
+44 (0)121 237 4553

3. Have your say @brownejacobson
Sham job applicants not covered by
discrimination law
“The reasonable adjustments include the arrangement of safe travel provision as
well as overnight hotel rest before interview. And paid carer provision, taxis and
meals.
This is to allow me the same opportunity to attend interview as all other able
bodied candidates.
If I am invited to interview and you make it impossible for me to attend that
interview as all other candidates will have the opportunity to do, then I will seek
to sue for discrimination through Employment Tribruneral as is my legal right
(sic).” Quotes from a recent application to one of our clients

4. Have your say @brownejacobson
Sham job
applicants
If an individual applies for a job
only in order to seek
compensation for discrimination
and not to obtain employment,
they will not be covered by the
protection of discrimination law.
Kratzer v R + V Allgemeine
Versicherung AG C-423/15

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Do you have your
MSA statement
ready?
• yes
• no
• unsure

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Modern Slavery
Statement
The first statements were due at
the end of September for
organisations whose financial
year end was on or after 31
March 2016

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Modern Slavery
Statement
Reminder s54 of the Modern
Slavery Act applies to a
commercial organisation which:
• supplies goods or services
• has a total turnover of £36m
a year or more (globally)

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Modern Slavery Statement
The organisation will have to make a ‘slavery and human trafficking statement’
stating the steps it has taken during that financial year to ensure that slavery and
human trafficking is not taking place in:
• any part of its own business
• any of its supply chains
(Or issue a statement that it has taken no such steps)

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Modern Slavery
Statement
• The statement must be
published on the
organisation’s website with a
prominent link to the
statement on its homepage

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Modern Slavery
Statement
• In the case of a company, the
statement must be approved
by the board of directors and
signed by a director

11. Have your say @brownejacobson
Gender Pay Gap
Reporting
• Regulations have been
delayed – expected April
2017
• the first ‘relevant date’ will
remain at 30 April 2017,
meaning first gender pay gap
reports due by the end of
April 2018

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Gender Pay Gap
Reporting
Why do you need to think about
it now?
• although you don’t need to
report until April 2018, that
is for data from April 2017.

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Gender Pay Gap
Reporting
Why do you need to think about
it now?
• if the data reveals an issue,
you will need to time to
address that before it is
included in the data that will
need to be published

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According to the Equality & Human
Rights Commission, what percentage of
pregnant women and new mothers
experience discrimination at work?
• 23%
• 52%
• 77%

15. Have your say @brownejacobson
The Institute for Fiscal Studies has
recently reported that a mother who
returns to work ends up earning how
much less?
• one quarter
• half
• one third

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17. Have your say @brownejacobson

18. Have your say @brownejacobson
Brexit and
Employment Law
• In reality – little change in
the short term
• possibly changes to working
time regulations, collective
consultation, agency worker
regulations, TUPE

19. Have your say @brownejacobson
Brexit and
Employment Law
But what about now?
• consider make-up of
workforce
• permanent
residence/citizenship

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Brexit and
Employment Law
But what about now?
• apply for sponsor license?
• no discrimination against EEA
nationals in recruitment

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We can help
Get in touch or fill in our survey
after the webinar if you’d like
more information

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Keep your questions coming
get in touch if you have any questions
Connect with James
james.tait@brownejacobson.com
+44 (0)121 237 3999
Connect with Rachael
rachael.jellema@brownejacobson.com
+44 (0)121 237 4553