Tue 04 Mar 2025

Employment Law Round Up: March 2025

Our monthly employment law round up.

Right to switch off switched off

It has been reported that the proposed right to "switch off" outside of work hours is to be dropped by the UK Government.  Not intended to be in the Employment Rights Bill but instead delivered through a statutory Code of Practice, the aim was to ensure people would not be expected to routinely perform work outside normal working hours, including not needing to respond to work-related emails or calls.  The reason for the change in approach has been reported as a need to alleviate the burden on businesses.

Neurodiversity at work

March 17 sees the start of Neurodiversity Celebration Week. In advance of that, Acas has published new advice on Making your organisation Neuroinclusive-Neurodiversity at work. The advice addresses common difficulties such as employees' reluctance to disclose their condition, how to manage capability or conduct concerns, reasonable adjustments and how to create a neuroinclusive workplace. 

The Department for Work and Pensions has also launched a new expert panel with the goal of improving opportunities for neurodiverse people in terms of neuroinclusive workplaces and increasing job prospects. The panel is comprised of leading academics who will advise the government on appropriate strategies to support neurodiverse individuals in the workplace.

Half of all employees are "shadow AI" users

A recent study by a software brand has found that half of all employees are using AI tools that are not issued by their employer.  The survey also found that almost half of workers consider personal AI tools so valuable that they would not give them up even if their employer banned them. While many employees are aware of the potential risks attached to AI including inaccuracy, data governance and cybersecurity, it seems few take precautions such as running security scans or checking data usage policies. This is an area where employers should take a proactive approach, providing training, putting in place appropriate policies and making clear to employees what is and is not acceptable use of AI in the workplace.

Analysis by TUC of gender pay gap suggests slight improvement

Recent analysis by the TUC of the gender pay gap (based on figures provided by the Office for National Statistics rather than from the data flowing from the statutory duty on larger employers to report their gender pay gap) has found that women are now working 48 days unpaid, down from 52 days in 2024. This equates to the average woman working for free from 1 January to 16 February 2025. This is of course an overall figure, with some industries and geographical areas still having significantly larger gaps than others. The analysis also finds the pay gap widens as women get older. This is attributed to older women taking on caring responsibilities for older relatives, as well as children.

Women and Equalities Committee inquiry finds ageism widespread and culturally embedded in UK

The Women and Equalities Committee have published a report - The rights of older people - suggesting protections arising from discrimination law and the Public Sector Equality Duty are inadequate and rarely enforced.  It recommends that the Equality and Human Rights Commission should be asked by the UK Government to review the effectiveness of these protections. This would include looking at objective justification of direct age discrimination (age is the only protected characteristic that allows for justification of direct discrimination) and the likely impact of replacing it with specific exceptions instead. As the UK working population ages, discrimination claims will increase. High awards are also possible and last year for example, an award of £3.2 million was made in an age discrimination case.  

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