YESTERDAY, I wrote about the need for organisations to have a Menopause Policy.
There is a lot of good information out there to form the basis of an organisation’s Menopause Policy. And this policy is a must! To still not have one is a serious omission or error of judgment.
I WONDER if it was advocated that an Andropause Policy was needed in every workplace whether it would take much convincing to adopt? 🤔 Just putting it out there! 😳
A VERY GOOD FRIEND OF MINE with whom I shall soon be collaborating on a couple of interesting projects – 👀 so watch this space 👀– reminds us, rightly, to know our work policies. I concur. Before signing an employment contract, employees are often asked to confirm they have read and understood the organisation’s policies. Some may be contractual, and some may not. Interestingly, however, knowing the policies go both ways. Both the employer and the employee are bound by the same policies. Therefore, one is not in a more superior position to the other. There is a common misconception that the employer will always necessarily know them better than the employee or worker. That is not necessarily the case, at all, especially as many policies are not even drafted or written by the employers themselves! So, their interpretation or knowledge of all the policies contained in the Staff/Employer’s Handbook may be no better than those of their own workers.
HOWEVER, this short piece is not about policies per se. But it is about Menopause Policies (covering perimenopause; menopause; and postmenopause). There is a lot of good information out there to form the basis of an organisation’s Menopause Policy. And this policy is a must! To still not have one is a grave mistake. Trust me. There are obligations in the UK Employment Rights Bill that may well make it onto the statutory books. Know your law, Know your policies. Under the Equality Act 2010, alone, employers could be exposed to claims of discrimination arising from disability; failure to make reasonable adjustments; victimisation; and direct discrimination because of or harassment related to disability, sex or gender reassignment. This is just to name a few!
HOWEVER, my purpose here is not to write about the contents of an organisation’s Menopause Policy, but simply to say that there is a lot of useful information out there, so do tap into them. Here are just a few for starters that may be of assistance to some with which/whom, I should declare, I have no association. Please add to the list if you know of other useful or helpful sites or organisations that could benefit others, UK or elsewhere.
I wrote an article for my business website called, “In the course of one’s employment,” following a recent appeal case. It is too long for a blog, but here is an extract.
s.109(1) and (3) of the Equality Act 2010 state, ‘Anything done by a person (A) in the course of A’s employment must be treated as also done by the employer,’ and, ‘It does not matter whether that thing is done with the employer’s or principal’s knowledge or approval,’ respectively.
Conference Chambers
The words, ‘in the course of one’s employment,’ seem easy enough to understand. But those six words are not always easy to apply. If one was employed as a lawyer, drafting, advising and appearing in court would be deemed to be in the course of one’s employment. I think we can all agree on that. What is the position, however, regarding one’s behaviour at an office party that neither involves any of the work hitherto mentioned nor in one’s job description? Can one’s behaviour be deemed to be in the course of one’s employment? Let’s extend it further. What is the position regarding one’s behaviour when being out with one’s colleagues at a local (to the office) wine bar? Can one’s behaviour still be deemed to be in the course of one’s employment? Ok. Let’s extend it evenfurther. What about one’s behaviour whilst sharing a taxi after their evening out at the local wine bar? Can one’s behaviour still still be deemed to be in the course of one’s employment? I am going to take the easy way out and not seek to answer these, but to say that they are all questions to be determine as matters of fact, applying the correct law?
In a recent case, AB v Grafters Group Ltd (t/a CSI Catering Services International), ‘The respondent is a Hospitality Recruitment Agency. The claimant, and a colleague CD, worked from the Cardiff Branch of the Respondent. On 1 November 2021, the claimant incorrectly believed that she was due to work at Hereford Racecourse. She was late arriving at the respondent’s office in Cardiff, where she thought transport had been arranged to take her to Hereford. Instead, the claimant was given a lift by CD, who then told her she was not required to work that day. The claimant requested to be taken home, but instead CD drove her to a golf course near Pontypridd where the Employment Tribunal held that he subjected her to sexual harassment.’ Having directed itself correctly on the law, including, amongst others, the case of Jones, the employment tribunal found that CD did subject the Claimant to sexual harassment. However, on the question of whether the Respondent was liable for such actions because the sexual harassment occurred “in the course” of CD’s employment, it found that CD was not acting in the course of his employment from around 06:00 onwards on 1 November 2021 and, therefore, dismissed the complaint of sexual harassment against the Respondent. The Claimant appeal to the EAT. Allowing the appeal, thew EAT held, amongst other things, “Having concluded that the impugned act was done outside of work the Employment Tribunal then needed to go on to consider whether there was “nevertheless a sufficient nexus or connection with work such as to render it in the course of employment” including whether the provision of the lift was an “extension of work and the workplace.”
Employers beware. Training your workers regularly and thoroughly in anti-discriminatory, harassment and bullying behaviour is imperative. Prevention is better than liability!
IN SEPTEMBER 2021 I published, Race Relations in Employment Law, Put simply in Black & White. In 2023 I published the second edition, and I am currently working on the third. It was and is a challenge to capture so much in so little space. I spend as much time thinking about what to leave out as I do about what to leave in. I was Called to the Bar in 1996 and have been practising employment law since 1999. My first big case was reported in the media, which thrust me, reluctantly at the time, on live television. From there on, I was no longer just a civil and construction law barrister.
THE PREFACE to the first edition of Race Relations applies equally to this book, so I shall not seek to reinvent the wheel, and simply rehearse it for this book, too: “After many years of practising as an employment law barrister, I have sought to encapsulate some of that experience in print, simply put in black and white, that I hope will be of assistance to many, be it an employee – current and former, employer, worker, claimant, respondent, HR, student and, of course, the intrigued.” This book introduces [discrimination in employment law in 7 days]. It does not seek to cover every minutiae of this fascinating and intriguing subject; it would take a much larger book to achieve that aim successfully.”
AS my regulars readers already know, Discrimination in Employment Law in 7 Daysprovides an overview of discrimination in employment law in the UK over 7 days, focusing on the Equality Act 2010.
Lorna wins her case for direct discrimination and needs advice on what to consider for remedy. Advise Lorna. Would your advice change had she won indirect discrimination instead?
AGAIN, I rehearse the concluding paragraph from the preface to the first edition of Race Relations, “Finally, this book and its contents are not a substitution for specific legal advice. If the reader is faced with an issue covered in this book, they should and are strongly advised to seek specific legal advice accordingly. Hopefully, the reason you are reading this part is because you are already either fascinated or intrigued by this area of law.”
TODAY, 8 September 2025, is International Literacy Day.
International Literacy Day 2025
“Literacy is a fundamental human right for all. It opens the door to the enjoyment of other human rights, greater freedoms, and global citizenship. Literacy is a foundation for people to acquire broader knowledge, skills, values, attitudes, and behaviours to foster a culture of lasting peace based on respect for equality and non-discrimination, the rule of law, solidarity, justice, diversity, and tolerance and to build harmonious relations with oneself, other people and the planet. Despite progress, at least 739 million youth and adults worldwide still lack basic literacy skills in 2024. At the same time, 4 in 10 children are not reaching minimum proficiency in reading, and 272 million children and adolescents were out of school in 2023.”
2025 sees #LiteracyDay celebrating the theme of “Promoting literacy in the digital era.”
‘Having presented well over 1,000 episodes of the much-loved BBC Radio 4 series, Melvyn Bragg has made the decision to step down from In Our Time following the series which aired earlier this year. Melvyn has presented every episode of In Our Time since the series first launched in 1998,’ wrote the BBC.
Lord Bragg
‘Over the years, a select few BBC radio programmes have carved out distinctive niches in the nation’s affections’ writes The Guardian. It continues, ‘In Our Time embodies something fundamental to media. It is living proof that it is possible to be both serious and popular.’ I would often listen to Lord (Melvyn) Bragg and his esteemed guests on the radio from whom not only did I learn a lot by listening to their fascinating insights and sharing of their expertise but enjoyed their conversations as if they were chatting with me directly and personally over a coffee ☕️ or an evening drink🍷. It was as relaxing as it was informative. I look forward to listening to the equally brilliant new presenter, Mishal Husain.
“WHAT’s IN A NAME?” asked the Bard, for, “That which we call a rose by any other name would smell as sweet,” says Shakespeare or, I should say, Juliet in Romeo and Juliet.
WELL, 7 SEPTEMBER 2025 IS FINALLY UPON US, and many of you would be aware of the final 7 days of the writing journey of my latest book, Discrimination in Employment Law in 7 Days. All 7s! It was conceived in the United Kingdom and born in Kos.
THE BOOK COVER 📘was CREATED and DESIGNED by ART (appropriately named) over a year ago. I fell in love with the design instantly. It encapsulated fully the concept of the book before a single word had been written by me. I imagine that to be not too dissimilar to that of a songwriter who speaks to their producer who then interprets what has been conveyed and applies an arrangement in line with what they believe is the songwriter’s wishes. I mentioned what I was about to write and the cover was produced, created and designed accordingly. It is subtle, simple and clever. Look carefully!
Discrimination in Employment Law in 7 days
FIRSTLY, there is only one ‘in’ not two. That is deliberate. SECONDLY, the single ‘in’ is placed strategically in the 7 to convey the ‘in 7’ part of Discrimination in Employment Law in 7 Days.THIRDLY, Employment Law crosses through and is ‘in’ the 7, as in ‘Employment Law in 7’ days. HOWEVER, notably, unlike with the word ‘in’, not all of ‘Employment Law’ is in ‘7’ because one would need many more days and much more space to cover it all (literally and on the cover itself!). But, there is enough to give one a good grounding.
Discrimination in Employment Law in 7 days
ALTHOUGH THE BOOK IS AVAILABLE FROM TODAY, it does not stop there. I have a special interest in education. Personally, I have benefitted from it with three degrees and two grads of my own. I have been a trustee and governor of many schools, so I am working on an education law element to ADD to the book, which will be published soon. So watch this space!
Déjà vu is widely recognised as the sensation of having previously experienced a current situation. Many individuals encounter this feeling of familiarity without being able to pinpoint when it occurred; typically, it transpires in places one has not visited before. Although my experience was somewhat different at the time, I only realised its significance years later when the memory resurfaced.
Several years ago, a friend of mine spent a few days in Paris on business. My late mother often remarked that I was exceptionally instinctive, contrasting her meticulous planning with my tendency to make last-minute decisions that frequently proved successful. My approach prioritised minimal preparation for maximum enjoyment. Having not visited Paris in some years—despite multiple prior trips—I spontaneously contacted my friend regarding the return flight. Upon learning of a late departure, I arranged immediate travel to Charles de Gaulle airport, coordinating to meet after my friend finished work at 5pm local time. Following a swift packing process, I travelled by train to Victoria Station, transferred to the Piccadilly Line to reach Heathrow, flew to Paris, and took a train to Gare du Nord. After several failed attempts, we eventually met at one of the Starbucks within the station.
Leaving the Paris Métro, Opéra, we walked to the hotel. The surroundings seemed vaguely familiar somehow, which I attributed to the night time conditions, winter, and fatigue, especially since my prior accommodations were nearer to the Avenue des Champs Élysée. After settling in, we searched for an appropriate dining venue and chose nearby O’Sullivans, a bar located on Boulevard Montmatre. It was lively, hosting both Liverpool and Paris Saint-Germain fans as Champions League matches played on multiple screens. The atmosphere was energetic and enjoyable, largely due to the overwhelming local support for PSG. Both teams performed well; I recall neither suffered a loss that night and may even have won. ⚽️
The next day included brunch at Ladurée on the des Champs Élysée, a trip to Tiffany & Co. (as one does), greeted by the famous picture of Audrey Hepburn in Breakfast at Tiffany’s, and visits to Notre Dame (before the fire) and the Eiffel Tower. On the way back, we had refreshments near Gare du Nord before narrowly making the return flight—which is a story for another blog. After arriving back in London, we parted ways following an eventful 24-hour period. I was in court in Central London the next day, thinking, ‘What on earth just happened!’ 🤔 It was surreal.
Like Father, Like Son
A few years later, whilst organising some photographs of mine, I found a picture of my soulmate (mentioned in a previous blog to whom I pitched Like Father) and me taken outside a hotel in Montmartre when I/we first visited the French capital. Remarkably, the recent hotel was within close proximity to where I had first stayed in Paris aged just eighteen. This revelation explained the sense of familiarity I had and provided some sense of closure. Years afterwards, I surprised my son with a spontaneous trip to Paris. I collected him straight from school on a Friday afternoon and with his clothes already packed, we headed around the M25 motorway to Terminal 5 (T5), Heathrow. Though tempted to revisit the previous hotel of all those years ago when I was in my teens, I refrained from doing so, preferring instead to preserve the special memories associated with that most precious experience.
NOT SURE if one can ever fully be at peace and, if so, it is likely to be only a temporary state of mind or condition when there is currently such instability in the world around us.
TO ANSWER THE QUESTION, however, after a tough day at work, I relish silence and tranquillity with a book – a biography or novel. I studied 19th century literature and I still like to read novels from that era. The classics. However, I am a great fan of Toni Morrison and Alice Walker, both of whom I have seen and met (with many others, of course!). I saw Toni at the Edinburgh International Book Festival (ironically, I was also in Edinburgh the year she sadly passed away for a wonderful tribute to her) and Alice, I have seen twice; once at the Cheltenham Book Festival and once at the Barbican Centre, London. Unfortunately, every time Dr Maya Angelou visited London, I seemed to be the last person to know and, naturally, too late to secure tickets. ☹️ I digress. Simple answer? Reading 📖
Many people admire the profession I am in. So do I. Not many people get paid for their opinion (giving an oral or a written advice), starting or defending a case (drafting the pleadings), to argue at work (cross-examination), pitch their wits against some of the brightest and the best (opposing Learned Friends) and or to persuade another (a judge and or the court).
But what of the day when you don’t want to argue with anyone? You have a cold, you are suffering from a stinking headache and all you want to do is sleep 😴 because you had a rough night. Answer? You can’t call in before 9am, speak to the boss and say you are going to have a self-certified day off. That’s a No! No! The judge, your opponent, your client, the witnesses are all waiting for you! The show must go on! And, it must go with YOU there! Or, it CANNOT go on without you! It is a fun and rewarding profession, at which you work very hard. Occasionally, you can say, hand on heart, you made a difference to someone’s life that day. The joy is indescribable! I would, therefore, recommend the legal profession and the Bar to any and everyone. 👩⚖️👨🏾⚖️
But, what has all this to do with the title, writer? Very little. Having practised for many years at the Bar, I would love to find a desk somewhere, place down my laptop 💻, play the music to suit the mood at the time and write a novel or two, if not more!✍🏾
Ryan Clement 