How have you adapted to the changes brought on by the Covid-19 pandemic?
I approach this question from a professional perspective.
Prior to the pandemic I rarely, if ever (can’t remember), used Teams or Zoom. Skype was a rare indulgence.
Now, almost ALL meetings are held online unless there is a good cause or reason to depart from this new norm, which there rarely is.
The dynamics have changed significantly. Prior to the pandemic, it was inconceivable to think that I would or could represent a client through to a trial and, yet, never actually meet them in person. How? Many trials are also held online. The result is, I may have walked past clients on the streets whom I have represented in the past and, yet, be totally oblivious to who they are and vice versa! 🤔 For me, that could never have happened before the pandemic!
It saddens me to think about the world my son will grow up in during these turbulent times around the globe.
I was communicating with my very good friend, D., today and asked whether we worry ‘more’ (if measurable) about our young today than our parents and guardians did about us? To be clear, I was not questioning the degree and extent of one’s care. That’s been unwavering from the beginning of time. Everything is relative, so the degree of worry or what one was worrying over in the past was different. For example, there was no cyberbullying but there was still bullying etc. When I was younger, you were either told to your face what someone thought about you or you remained oblivious to their thoughts. Today, one can go online, abuse a subject and hide behind the veil of a false name or delete the message after the harm has done. Such can be done by a faceless person, of whom the subject has never met or heard and of whose location or time zone the subject has no knowledge.
Before I had a career at the Bar, I used to travel a lot. I have written about this elsewhere. For me, travelling is an investment in part of my personal growth. Beyond the visual spectacle of new landscapes, immersing myself in different cultures acts as a powerful reminder to confront my own biases that may have evolved through years of media exposure that may not always have aligned with the truth, and learn that “different” does not mean “wrong”—it simply means another way of being. After all, most of what we read and or hear are another person’s perception of how they, themselves, view the world through their own lenses tinted by their own conscious and or unconscious biases.
After all, what is there not to gain from engaging with diverse traditions and histories? What is there not to gain from navigating unfamiliar environments? What is there not to gain or there to fear from sharing a meal or a conversation with locals who have similar or dissimilar complexion to mine that can help bridge the gap between a perception of “us” and “them,” which, ultimately, could aid cross-cultural understanding?
I know that not everyone can do what I am advocating, but with an element of conscious critical thinking, we can still tell ourselves that while our customs vary, our fundamental human emotions are universal. 🕊️
Everybody’s got their opinions. But inclusiveness is always going to be me,” Garth Brooks said. “I think diversity is the answer to the problems that are here and the answer to the problems that are coming. So I love diversity.12 Jun 2023
As for my family in Canada 🇨🇦, as was the case with Porto in 2024, Toronto is calling me. You know who you are. See you soon 🙏🏾
I have been blessed to see many countries and experienced many different cultures that breaks down prejudicial barriers. 🕊️ #Europe#America#Caribbean#Crete#traveltok
There is a specific kind of magic in the stillness of a Bahamian afternoon. I should know. I had the benefit of experiencing it for 8 days this year! Chilling at my second hotel, the British Colonial in Nassau – my first, being The Atlantis on Paradise Island – with a cold Junkanoo punch in hand, I often watched the horizon transform into a moving gallery. From this vantage point on the beach, the massive cruise ships would glide gracefully by. I frequently counted five in a day.
Disney “Wish”
I used to love watching these mega-tonnes of floating steel turn masterly better than most could do a three-point turn in a vehicle on our public roads!
The hum of the distant engines blended with the calm waves of the sea. It was both tranquil and idyllic. It was the ultimate luxury: doing absolutely nothing while the rest of the world sailed by.
I made this experience last right up to the final moment before heading to the local airport for my overnight BA flight to Terminal 3 at Heathrow Airport, London.
Since my return, I have received so many lovely messages from locals, thanking me warmly for visiting their beautiful country in the Caribbean 🏝️ and suggesting where I can visit next. And visit again, I shall! 🇧🇸
In the Employment Tribunal case of Hussain v Armstrong Watson LLP, the tribunal ruled that the ClaImant’s case for unlawful disability-related discrimination under section 15 of the Equality Act 2010 was successful. It found that he was subjected to unfavourable treatment due to his epilepsy, which impacted his memory, concentration, and processing ability.
It’s important to grasp that discrimination arising from disability, contrary to section 15 of the 2010 Act is not the same as direct discrimination, contrary to section 13 of the same Act. The latter is based on the concept of treating the complainant less favourablybecause of the protected characteristic in question, whilst the former is based on treating the complainant unfavourablybecause ofsomething arising in consequence of the complainant’s disability and, having done this, the respondent cannot show that the said unfavourable treatment was a proportionate means of achieving a legitimate aim. See Days Four and Five of Discrimination in Employment Law in 7 Days.
In the case of Hussain, the Claimant was employed as a Tax Compliance Assistant by the Respondent for less than two months, from July to September 2023. He disclosed his condition, temporal lobe epilepsy, which caused frequent focal seizures that affected his ability to process information and complete tasks efficiently. Despite providing detailed reports about his condition and requesting reasonable adjustments, including extra time to complete tax returns, the tribunal found that the Respondent failed to accommodate his needs adequately.
The Respondent repeatedly questioned the Claimant’s performance, particularly the time he spent on tax returns and his inability to meet the firm’s 80% utilization target. Concerns about his efficiency were raised during multiple meetings, culminating in a probationary review meeting scheduled for 28 September 2023. A letter sent to the Claimant ahead of the meeting stated that dismissal was a possible outcome due to performance concerns but failed to mention that his request for reasonable adjustments would be discussed. Feeling unsupported and fearing imminent termination, the Claimant resigned on 27 September 2023.
The tribunal concluded that the Respondent’s actions were not a proportionate means of achieving its legitimate business aim of ensuring efficient and profitable operations. While the company had a legitimate interest in ensuring timely and cost-effective work, it failed to balance this with its legal obligation to accommodate the Claimant’s disability. The tribunal ruled that the the Respondent’s treatment of the Claimant amounted to unlawful discrimination arising from his disability.
For completion, I should state that the Claimant had raised specific complaints on the same issues under a failure to make reasonable adjustments. However, in this respect, the tribunal recorded, “In light of the findings in respect of the section 15 claim, the Tribunal considers that it is neither necessary nor proportionate to reach a decision on the claimant’s complaint of a failure to comply with the section 20/21 duty to make reasonable adjustments. That complaint relates to exactly the same matters as the section 15 complaint and is an alternative way of asserting that the respondent acted unlawfully in regard to those matters. The Employment Appeal Tribunal commented in Carranza v General Dynamics Information Technology Ltd [2015] ICR 169 that cases brought as reasonable adjustments complaints are sometimes better analysed using section 15. This is such a complaint and is better expressed and dealt with under section 15, and to make findings under section 20/21 would add nothing in terms of outcome and possible remedy and would be a disproportionate use of the Tribunal’s time.”
Finally, therefore, whether one is in a probationary period or not, which generally means there would often be a term in many contacts of employment that employers can dismiss employees, during the latter’s probationary period without following their disciplinary process and procedures, as there is no qualifying period, during which one can be lawfully discriminated against, employers must be vigilant not to discriminate against employees at any stage of their employment whether during or post-probationary.
This story begins on Friday, 20 February 2026, around 8am. I was savouring my double espresso ☕️ while texting a friend who was due to fly to Dubai the following Thursday. After some enquiries, I had booked a flight to Dubai for Saturday 7 March, just two weeks away. I was due to return to the UK on 16 March, and had booked three days in downtown Dubai. I had planned to spend Tuesday afternoon at the Museum of the Future and a night in Abu Dhabi before moving to a hotel in the Marina. Everything was organised and I was ready for culture, sunshine and all that.
On Thursday afternoon, I rang my friend as she and her family headed to the airport for their overnight flight to the UAE. Everything seemed fine.
On Friday 27 February, my son and I drove to Birmingham and stayed overnight at a hotel so we could drive to Anfield on Saturday to watch our football (soccer) team, Liverpool, play West Ham United at home. I listen to BBC World Service every morning, and this Saturday was no exception. I woke up to news of trouble in the Gulf region. Iran is just across the waters (the subject of much recent political discussion) from Dubai. I immediately texted my friend to check if she and her family were safe. Now a big question mark loomed over whether I might have to cancel my trip. As we drove to Liverpool, my son told me that Dubai had been “attacked.” I told him he was mistaken and that he shouldn’t believe everything he saw and heard on TikTok. We all know what happened next!
Chilling in The Bahamas
So, after booking just ten days earlier, on Monday 2 March I reluctantly cancelled everything. My friend and her family were stranded in the UAE beyond their scheduled stay, but, other than to say they are now back safely, that’s their story to tell.
The irony is I stayed at an iconic hotel that’s not much unlike the one I might have stayed in Dubai: The Atlantis!
I was hesitant to return to work and considered visiting Florida, the Dominican Republic or the Bahamas. After much thought, I settled for the Bahamas. As it happens, in 1999 I almost studied there. I only needed to return my application form, but I changed my mind at the last minute. Big Mistake! Having visited Barbados, Antigua, St Lucia, Tobago, St Vincent and, of course, many times, Grenada and Carriacou, I was adding Nassau to my Caribbean list. What a joy! What an experience! It was FAB-U-LOUS!
As for the Bahamas, it is stunning! As for Dubai, I may see you one day (as I landed back at Terminal 3 at Heathrow Airport, I turned to my right and saw a colourful plane, calling me. I say no more!)
As participants, a few of us had the pleasure of witnessing the Closing Ceremony, which was a treat in itself. A scene in John Landis’ icon movie, Trading Places, sprung to mind. Well, it was not quite the same as what I had seen in the movies, regarding the NYSE. Neither did I witness an equivalent to Eddie (Billy Ray Valentine), Dan Aykroyd (Winthorpe) or Jamie Lee Curtis (Ophelia) celebrating nor the brothers, Randolph and Mortimer Duke, fall to their knees over a one dollar bet taken too far and the outcome gone very wrong!
Closing Ceremony at the London Stock Exchange on 6 February 2026
Ethnicity pay gap reporting involves measuring the difference between the average earnings of employees from different ethnic groups across an organisation. While not yet a legal requirement like gender pay gap reporting, many companies are adopting it to build more equitable workplaces. It is a proposal that forms part of the Equality (Race and Disability) Bill, following a consultation process that closed in June 2025, seeking views on how to introduce mandatory ethnicity and disability pay reporting for large employers (those with 250 or more employees). The keynote speaker was Seema Malhotra MP, Minister for Equalities who informed us, amongst other things, that the Government will respond the consultation in due course.
The Summit was a timely and practical event for anyone working in DEI, HR, Reward, Talent, People Analytics, Comms and senior leadership, especially as we prepare for the mandatory Ethnicity Pay Gap reporting legislation.
The summit brought together leaders and specialists across:
✔ Employment law ✔ Data analytics and reporting ✔ Communications and storytelling ✔ Diversity, equity and inclusion
Hopefully, attendees left with a clearer insight into what good looks like, how to approach reporting responsibly, and how to turn data into real action.
This government was elected to deliver change. To improve the lives of working people and strengthen our country. Our Plan for Change sets out the ambitious – but achievable – milestones we aim to reach by the end of this Parliament.
An essential element of this Plan – and our five missions for government – is our commitment to create a more equal society in which people can thrive whatever their background. The reality is far from that goal. For example, currently most ethnic minority groups earn on average less than their White British peers. Similarly, while there has been growth in employment rates for disabled people in recent years, disabled people have, on average, lower incomes than non-disabled people. While previous Labour governments introduced the landmark Equal Pay Act 1970 and the Equality Act 2010, as well as other equality-related legislation, more still remains to be done.
I HAVE WRITTEN about prostate cancer awareness many times, and each time is not one time too many if it helps educate and save lives.
PROSTATE CANCER is a disease that develops within the prostate gland. It is currently the most common cancer among men in the UK. Although it is a serious condition, survival rates are high: nearly 80% of men diagnosed survive for at least 10 years. It is the second most common cancer overall, following breast cancer. Approximately 55,300 new cases per year and, sadly, there are approximately 12,200 deaths per year.
ONE OF THE CHALLENGES of prostate cancer is that it often presents no symptoms during its early stages. I have heard this from friends who have been diagnosed with prostate cancer. Sadly, I lost a friend as recently as last year to PC. However, as the condition progresses, indicators may include changes in urination: Specifically, a need to urinate more frequently, especially during the night; sexual function: The onset of erectile dysfunction.
WHILE ANY MAN can develop prostate cancer, three main factors significantly increase the likelihood.
Age: Risk rises as you get older. It is rare in men under 50, and the majority of cases are diagnosed in men aged 50 and above.
Ethnicity: Black men are more likely to get prostate cancer than other men. In the UK, about 1 in 4 Black men will get prostate cancer in their lifetime.
Family History: You are 2.5 times more likely to get prostate cancer if your father or brother has had it, particularly if they were diagnosed under the age of 60.
THERE IS CURRENTLY no national screening programme for prostate cancer in the UK. I know some disagree to it, but, in my view, there should be. One of the arguments against it is that the available tests are not always accurate and can sometimes lead to unnecessary treatment for slow-growing cancers that would not have caused problems. However, the NHS provides the following testing pathway:
PSA Test: Men over 50 can request a PSA (Prostate Specific Antigen) blood test from their GP, even without symptoms. This measures the level of a specific protein in the blood. A high level can be a sign of cancer, but it can also indicate other common conditions like a urine infection or an enlarged prostate.
Digital Rectal Examination (DRE): A doctor may physically examine the prostate gland to check for abnormalities.
MRI Scan: If a PSA test suggests a problem, an MRI scan is often used to create a detailed image of the prostate to see if there is a suspicious growth.
Biopsy: The only way to definitively diagnose cancer is a biopsy, where small samples of tissue are taken from the prostate for analysis. This is usually only done if the MRI scan shows a potential issue.
WHATEVER YOUR VIEW, please ensure that you, a family member or a loved one get checked and have regular checks, if only for peace of mind ✌🏾and longevity 🙏🏾
One would think that the three words, ‘Performance Improvement Plan,’ in isolation and without context would be welcomed by most employees. After all, who doesn’t want to improve? For example, being reflective is primarily based on the concept of improving and making what was good even better.
However, in practice, it would be fair to say that an employee is rarely put on a PIP to prepare and equip them for promotion. In other words, it is not often heard that the purpose of placing one on a PIP is that the employee is performing competently at the expected level and it is to get them to the next level up. No. One is invariably put on a PIP because they are said not to be performing competently at the required or expected level demanded by their employer. Unlike with a misconduct, leading to a disciplinary and a sanction (oral or written warning or, worse, dismissal), being placed on a PIP is generally a matter of an employee’s capability.
Under the Employment Rights Act 1996, in determining whether the dismissal of an employee is fair or unfair, it is for the employer to show that the reason for the dismissal is, in addition to some other substantial reason of a kind such as to justify the dismissal, one that relates either to the employee’s capability or the conduct. However, dealing with a capability or conduct matter is not necessarily handled in the same way. In some circumstances a conduct matter could lead to a summary dismissal, whereas regarding capability good practice is to give an employee a reasonable time to improve with clear SMART (Specific, Measurable, Achievable, Realistic, and Timely) objectives or goals within the parameters of the role they were employed to undertake. So, what is the position where an employee is put on a PIP and is dismissed for the reasons they were placed on the PIP before the time stipulated for their performance to be reviewed under or pursuant to the PIP? After all, they may not have improved sufficiently by the mid-point but may do so by the end. ‘Slow and steady wins the race,’ springs mind!
In P. Sabourin v. BT Group Plc[2025] EAT 171, the Claimant began employment with the Respondent in 2009 and became project manager in the Data Compliance and Assurance (DCA) team in November 2021, reporting to Mr. C, Senior Manager of Data Projects, who in turn reported to Mr. D, BT Director for DCA. From early 2022, Mr. C raised concerns about the Claimant’s performance, initially addressed through coaching. A formal performance review commenced in August 2022, with expectations clearly outlined. On 18 October 2022, an informal PIP was agreed, identifying nine areas for improvement. Despite weekly reviews, Mr. C observed no progress. Consequently, a formal meeting on 23 November 2022 reduced the goals to seven, and the Claimant received a first written warning, confirmed by letter on 25 November 2022. The Claimant did not appeal.
A further formal review of the PIP took place on 5 January 2023, with the Claimant represented. Mr. C systematically reviewed each goal, identified ongoing concerns, and issued a final written warning, concluding that progress was insufficient to end the PIP. The final warning letter was issued on 9 January 2023 and advised that a decision meeting was to be held on 20 January 2023, giving the Claimant 10 working days to provide evidence of his improved performance. This was despite the Respondent’s policy stating, amongst other things, ‘usual monitoring is 4 weeks, may differ depending on role/circumstance.’
In a subsequent meeting between the Claimant and Mr. D (a more senior manager Mr. C), during which the Claimant was represented, the Claimant was informed of the decision to dismiss him in a letter dated 26 January 2023. The Claimant was in fact given notice and placed on garden leave, which ended on 1 May 2023.
The Claimant presented a complaint of unfair dismissal unsuccessfully. The Claimant contended that, the dismissing officer, Mr. D, had not considered his record of performance in that further two-week period at all, but had relied upon the same record of performance that had already resulted in a final written warning. The Employment Tribunal did not accept that the two-week period was so short that it did not allow a fair opportunity for further improvement. The Claimant appealed to the Employment Appeal Tribunal (‘EAT’). Allowing the appeal, the EAT held that the contention that Mr. D had not considered the Claimant’s record of performance in that further two-week period at all, but had relied upon the same record of performance that had already resulted in a final written warning was a material distinct argument of unfairness that the tribunal should have addressed in its decision. It erred by not doing so. In consequence, the matter was remitted to the same judge to make a finding of fact about it, and, to decide afresh, taking account of that finding alongside the existing findings, whether the dismissal was fair or unfair.
Finally, therefore, good practice would be to allow an employee a reasonable period to complete their PIP. There will be occasions when it will be apparent, hopefully to both employee and employer, that the employee’s performance will not improve by the stipulated – and hopefully agreed – timeframe in which case fair steps in the circumstances will need to be taken. On this point, I asked an HR practitioner of a multinational company for a comment: “Where there is a huge gap in capability vs performance, it could be that the employee is so far from where they need to be that they are never going to get there (sometimes happens with a promotion), and all the PIP does is prolong the timescales, adds more stress and makes for a very unpleasant experience!”
AS WE HAVE ENTERED, FOR SOME, THE FINAL MONTH OF YEAR, and for some of my readers, the beginning of the festive season, although for my American readers, the season may have started last Thursday (Happy Thanksgiving!), I thank you all for your messages and comments over the year.
IT HAS BEEN A YEAR of demanding trials (some of which were reported in the British media), a memorable trip in March to Sin City, Las Vegas, Hoover Dam and the Grand Canyon; finishing my book, Discrimination in Employment Law in 7 Days, in KOS in July (which I had fun diarising); running a 10K in September (Ok, more walk🚶🏿♀️and run! 🏃🏾♂️); and visiting the birthplace of paella, Valencia, Spain, and seeing the Holy Grail; and speaking to Law students at a British university in October.
I AM GRATEFUL to readers from all over the world from the North America to India to Indonesia to Singapore to Australia to all countries in Europe to China and beyond. My writing is eclectic, to say the least, and does not fit neatly into any one pigeon hole. As a graduate of English Literature, I would be fascinated to know what genre of writing a scholar would put me in. One day, I am writing about the law, the next about equality and human rights, the next about Education and speaking in schools, the next about the Arts – music, theatre, paintings, sculptures etc – the next about travelling, and the next about diarising about a book I am writing on a Greek island. Have fun categorising those!
On 4 October 2025 I visited #Valencia#Cathedral in #Spain 🇪🇸 #holygrail Matthew 26:27-28: “Then he took the cup, and when he had given thanks, he gave it to them, saying, ‘Drink from it, all of you, for this is my blood of the covenant…'” Various churches, most notably the Valencia Cathedral, claim to possess a chalice that is the true Holy Grail, although its historical authenticity remains debated by scholars.
Ryan Clement 