Michael Malone An Interview with... The Evolving Landscape of Employment Law: Key Insights on Equal Pay, Discrimination, and Workplace Mediation 16 LAWYER MONTHLY DECEMBER 2024 Employment law is constantly evolving, with new challenges and emerging issues for both employers and employees. From the intricacies of equal pay and discrimination claims to the complexities of managing workplace dynamics in the age of remote work, understanding the legal landscape is crucial for legal practitioners, HR professionals, and business leaders. In this article, Michael Malone, a retired employment judge and experienced mediator, offers valuable insights drawn from his decades of work in employment law. He discusses key challenges in enforcing equal pay and discrimination laws, the evolving role of mediation, and the importance of staying ahead of emerging trends in the workplace. Through his reflections, readers will gain a deeper understanding of the practical challenges of managing workplace disputes and fostering a fairer, more equitable work environment. As a practitioner and then an Employment Judge, what insights have you gained about the practical challenges of enforcing equal pay and discrimination laws? Enforcement is largely in the hands of individual claimants and their advisers. The Equality and Human Rights Commission (EHRC) has some statutory powers (for example, to carry out formal investigations), but the breadth of the Commission’s responsibilities and its limited funds mean that those powers are exercised comparatively rarely. No fee is payable for starting a claim to an employment tribunal. In at least two respects, however, the practical challenges for an individual contemplating a claim are arguably greater than they used to be. First, the former Equal Opportunities Commission (EOC) and Commission for Racial Equality (CRE) were willing and able to investigate and then fund numerous individual claims, whether or
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