June

Bristol City Council has become the first local authority in the UK to join Ban the Box, a Business in the Community campaign removing barriers to employment for people with criminal convictions.  There are more than 11 million people in the UK with a criminal conviction and while the clear majority (70%) are handed down as fines, many employers are reticent to hire them.

According to the campaign, doing so means employers are missing out on skilled and talented people, people who have made a mistake and are trying to turn their lives around find are unable to secure work, making them more likely to fall back into crime.

In Bristol, candidates are no longer asked about criminal convictions on their application forms for any jobs with the council that don't require a Disclosure and Barring Service (DBS) check.

In June, the Supreme Court of Canada released a landmark decision in Stewart v. Elk Valley Coal Corp. (2017 SCC 30), reinforcing the right of employers to take proactive risk mitigation and management measures through the adoption of alcohol and drug polices to ensure workplace safety.

Following a workplace accident, plaintiff Ian Steward tested positive for cocaine. During an investigation meeting with his employer following the positive test, he stated that he was addicted to the drug. Stewart worked in a safety-sensitive mine operated by defendant Elk Valley Coal Corporation, which had an alcohol and drug policy that required employees to disclose any addiction issues before the occurrence of an alcohol or drug-related incident or face termination.

The Alberta Human Rights Tribunal held that, while Steward suffered from a disability, named addiction, he was terminated for breaching the Policy, not his addiction (2012 AHRC 7).

Although compensation history is often used as a guide in determining an applicant's salary upon hire, evidence suggests that this process may negatively impact women, because in many industries, women are still being paid less than men for doing the same job.

In an effort to combat gender discrimination and increase transparency during this process, the Ontario government introduced The Pay Transparency Act (the PTA), which establishes requirements concerning disclosure of compensation particulars of employees and prospective employees.

If passed, the PTA, which could go into force on Jan. 1, 2019, will prohibit employers from asking candidates about their compensation history, along with other requirements.