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Daniella McGuigan

Partner || London

Employment Law, Pay Equity, Cross-Border, Diversity and Inclusion
Healthcare

Daniella advises on all aspects of employment law representing employers in both the private and public sector.

Daniella has a particular specialism in equal pay and gender equality. She has handled complex equal pay litigation and class action test cases, which have established binding legal principles. Most recently she has been providing ongoing support and advice to employers related to the new UK Gender Pay Gap Reporting Regulations; she worked with the UK Government Equalities office as part of the consultation committee when the Regulations were drafted.

Daniella has a particular focus on the healthcare sector and has represented many UK National Health Service (NHS) Hospital Trusts and independent healthcare providers.  She understands and recognises the complexities of managing a workforce that includes specialist healthcare professionals and their regulatory bodies.  Other sectors Daniella has a particular interest in are Tech, Engineering & Manufacturing, Fire & Rescue and Retail.

Daniella also works with clients to provide operational solutions to workforce and HR issues.  She has designed and created a number of innovative bespoke HR helplines and associated support services, which have allowed clients to restructure resources and maximise the effectiveness of their HR functions. She also regularly delivers training and training solutions to clients across a variety of training platforms.

Employment Law, Pay Equity, Cross-Border, Diversity and Inclusion
Healthcare
Learn more about Daniella McGuigan

Education

Admittance to Practice

Professional Activities

  • Law Society of England & Wales
  • Employment Lawyers Association

Speeches

Insights by Daniella McGuigan

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UK Employment Law: Menopause and the Workplace

The impact of menopause in the workplace has recently been in the spotlight. On 23 July 2021, the UK House of Commons Women and Equalities Committee opened an inquiry titled “An invisible cohort: Why are workplaces failing women going through menopause?”. The inquiry aims to “scrutinis[e] existing legislation … and as[k] if enough is being done” to support employees experiencing menopause.

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UK Tribunal Rules—‘Stale’ Standalone Training Proves Insufficient Defence to Race Harassment Claim

Under section 109(1) of the Equality Act 2010 (EA 2010), an employer is liable for acts of discrimination, harassment, and victimisation carried out by its employees in the course of employment: “[a]nything done by a person (A) in the course of A’s employment must be treated as also done by the employer.” Section 109 further states that “[i]t does not matter whether that thing is done with the employer’s … knowledge or approval.” However, under section 109(4) EA 2010, an employer has a defence if it can demonstrate that it “took all reasonable steps” to prevent the employee from carrying out the act of discrimination. When considering an employer’s defence that it took all reasonable steps to prevent an employee from discriminating against another employee, a tribunal will examine how effective the steps were likely to be when they were taken and how effective they proved to be in practice. The decision of Allay (UK) Ltd v Mr S Gehlen looks at the scope of this defence.

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UK Publishes Updated Guidances on Gender Pay Gap Reporting Requirements

As the 4 April 2021, gender pay gap reporting deadline approaches, the UK government has published an updated set of guidance for employers on the gender pay gap reporting requirements. Although the reporting requirements have not changed, the guidance has been updated to include information for employers impacted by the COVID-19 pandemic, in particular relating to furlough leave and the Coronavirus Job Retention Scheme (CJRS).

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England Enters Third National Lockdown—What Are the New Rules?

On 4 January 2021, Prime Minister Boris Johnson announced a third national lockdown in England. The regulations allow the lockdown to continue until 31 March 2021, although the restrictions are expected to be reviewed in mid-February to allow for the possible reopening of schools. All of the United Kingdom is now under strict measures to curb the spread of the new fast-spreading COVID-19 variant—with Wales, Northern Ireland and most of Scotland also in lockdown (although these countries are governed by separate rules).

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