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NEWS
This edition of Employment weekly highlights includes: (1) consultations on protection from detriments for taking industrial action and the threshold for triggering collective redundancy obligations, (2) a response to the government’s consultation on unpaid internships, (3) an EAT case examining the respective weight to be given to individual and group disadvantage in indirect discrimination claims, (4) an EAT decision setting out guidance for employment judges dealing with reconsideration applications, (5) an EAT decision to grant a restriction of proceedings order against a vexatious litigant with over 50 claims, (6) a new Practice Note on bereaved partner’s paternity leave (BPPL), a new Precedent Solicitor apprenticeship agreement and an update to our paternity leave policy in relation to BPPL, (7) upcoming dates for your diary, and (8) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) the government’s proposal to drop legislation that would give workers the right to request a more predictable working pattern in favour of a stronger contractual right to the hours they usually work, (2) a Trades Union Congress (TUC) report on zero-hours contracts, (3) an Upper-tier Tribunal decision on the IR35 tax legislation, (4) the Equality and Human Rights Commission’s (EHRC) action plan for Pontins, (5) the EHRC toolkit to prevent sexual harassment in the music industry, (6) a Bar Standards Board consultation on changes to its equality rules, (7) a report from Carers UK calling for a new right to paid carer’s leave, (8) a consultation on changing data protection fees payable to the Information Commissioner’s Office, (9) dates for your diary, (10) updates to our case and consultation trackers and our horizon scanner, and (11) a new Q&A.
NEWS
This edition of Employment weekly highlights includes: (1) regulations extending the time limit for presenting complaints to the employment tribunal where an ecclesiastical office holder has not been provided with specified statements from three to six months, (2) analysis by David Lascelles of Littleton Chambers on a Supreme Court decision holding that the good-faith requirement under section 172 of the Companies Act 2006 extends to a director’s conduct, (3) analysis by Matthew Howarth of One Crown Office Row of the Supreme Court’s decision in Akbars Restaurant regarding civil penalty notices under the Immigration, Asylum and Nationality Act 2006, (4) EAT decisions on direct race discrimination arising from cultural profiling, and on consent, intoxication and ‘unwanted’ conduct in sexual harassment claims, (5) an Acas consultation on a revised Code of Practice on disciplinary and grievance procedures, (6) a Court of Appeal decision confirming that an internal appeal will not necessarily cure procedural defects in a dismissal, (7) our new Practice Note on how to make reasonable adjustments for disabled employees and applicants, (8) dates for your diary, and (9) other updates and resources of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) an analysis of the amendments to the Employment Rights Bill, (2) an ET ruling that foster carers are not classed as workers but may be able to bring whistleblowing and discrimination claims, (3) an EAT judgment setting our guidance for parties on providing, and for tribunals on assessing, evidence of injury to feelings, (4) an article by Christine Young and Joshua Peters of Herbert Smith Freehills LLP discussing the current position of DEI initiatives and the possible direction of travel in 2025 in the UK and US, (5) our new Practice Note on vulnerable parties and witnesses in the employment tribunal, (6) dates for your diary, and (7) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) an announcement that the State Opening of Parliament and the King’s Speech will both take place on 17 July 2024, (2) an EAT judgment concerning contractual entitlement to lifelong travel benefits, (3) a Court of Appeal decision about whether contract workers could bring an indirect discrimination claim against the client relating to being paid less than directly employed staff, (4) the Finance (No 2) Act 2024, (5) an EAT decision about whether an employer’s pandemic holiday policy was indirectly discriminatory to non-British employees, (6) a report by PwC on mandatory gender pay gap reporting in 2023–2024, (7) the Paternity Leave (Bereavement) Act 2024, (8) a High Court decision refusing an injunction to a trade union member who wanted legal representation at a disciplinary appeal hearing, (9) analysis of the failure to prevent fraud offence faces expected to come into effect in 2025, (10) an EAT judgment on whether redeployment should be considered by the tribunal as a matter of course when considering claims of unfair dismissal or failure to make reasonable adjustments, (11) updated guidance from NHS Employers on the use of settlement agreements and confidentiality clauses when resolving a workplace dispute or ending an employment contract, (12) a reminder that MyHMCTS went live for the North West England region on 3 June 2024, (13) an EAT judgment concerning case management orders in Tesco’s equal pay litigation, (14) an EAT decision on the documents required to properly institute an appeal, (15) an immigration election policy tracker published by the Migration Observatory, (16) dates for your diary, and (17) updates to our legislation and consultation trackers and horizon scanner.
NEWS
This edition of Employment weekly highlights includes: (1) proposed amendments to the Employment Rights Bill, (2) the government’s responses to consultations on extending protections for zero hours workers to agency workers, Statutory Sick Pay, tackling non-compliance in the umbrella company market, creating a modern framework for industrial relations, and collective redundancy and fire and rehire, (3) a report that menopause-related employment tribunal claims have tripled since 2022, (4) an EAT judgment on whether Tesco can rely on expert evidence to support its material factor defence to the multiple equal pay claims it faces, (5) a consideration of ‘worker voice’ in modern employers by Will Winch of Mishcon de Reya, (6) dates for your diary, and (7) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) an announcement from the Home Office on increased enforcement activity targeting illegal working, (2) a report from the Better Hire Institute addressing the removal of barriers in work for neurodiverse people, (3) a new ICO consultation on its draft enforcement procedural guidance, (4) new legislation extending the early conciliation period to 12 weeks from 1 December 2025, (5) an EAT case in which a claim was held to be out of time three years after it was first submitted, (6) an EAT case on an employment tribunal’s failure to revisit a liability judgment upon reconsideration, (7) dates for your diary, and (8) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes (1) the latest remit for the Low Pay commission’s minimum wage recommendations from April 2026, (2) a judicial review challenge to the changes to the Equality and Human Rights Commission guidance following the Supreme Court decision in For Women Scotland, (3) an EAT decision on whether government departments can cause, instruct, induce or knowingly help discrimination by an employer through issuing guidance, (4) an EAT decision on when a Service Complaint is valid for the purposes of bringing a tribunal claim, (5) a partial victory for Tesco over the Tribunal’s use of comparators in its the long-running equal pay litigation, (6) an EAT case on when questions over fair trials and strike-out may be ‘intertwined’, (7) a new Precedent basic contract for zero hours employees, (8) dates for your diary, and (9) other news items of interest to employment practitioners.
NEWS
This week’s edition of Employment highlights includes: (1) an EAT judgment on whether a dismissal without warnings for conduct short of gross misconduct can nonetheless be fair, (2) a look at how employers can prepare for workplace issues arising from the football World Cup and other large sporting events by Andrew Haywood, employment partner and head of the Sports and Entertainment group at Penningtons Manches, (3) PwC’s ban on all-male job shortlists, (4) examination of the Trade Secrets (Enforcement etc) Regulations 2018 by Will Smith, associate in the intellectual property group at Bird & Bird’s London office, (5) dates for your diary, (6) updates to our case and legislation trackers, and (7) a new Q&A added this week.
NEWS
This edition of Employment weekly highlights includes: (1) the Spring Budget 2024, (2) a reminder to employers from the Pensions Regulator to comply with their enrolment duty, (3) the Social Security (Contributions) (Limits and Thresholds, National Insurance Funds Payments and Extension of Veterans Relief) Regulations 2024, (4) analysis by Declan O’Dempsey, barrister at Cloisters, of the judgment in Ali v Green Party of England and Wales which looks at issues of discrimination, belief and fundamental political party rights, (5) the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, (6) the Carer’s Leave Regulations 2024, (7) the Carer’s Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024, (8) guidance from the ICO on information sharing in a mental health emergency at work, (9) the Code of Practice (Picketing) Order 2024, (10) an EAT decision that an employment tribunal failed to properly consider a worker’s claim of automatic unfair dismissal based on health and safety concerns about coronavirus, (11) an EAT judgment that agency worker cannot rely on regulation 5 of the Agency Workers Regulations 2010 for equal treatment between assignments, (12) dates for your diary, (13) updates to our legislation tracker and horizon scanner, and (14) new Q&As.
NEWS
This edition of Employment weekly highlights includes: (1) a First-tier Tax Tribunal decision that individual match engagements between PGMOL and National Group football referees were not contracts of employment for PAYE and NIC purposes, (2) Royal Assent being given to the Children’s Wellbeing and Schools Act 2026, (3) an EAT decision on disability discrimination and reasonable adjustments relating to the use of medicinal marijuana, (4) a Women and Equalities Commission inquiry into flexible working for disabled people, (5) the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2026 adding new prescribed persons for whistleblowing purposes, (6) Royal Assent being given to the Victims and Courts Act 2026, replacing the existing section 17 of the Victims and Prisoners Act 2024 to allow victims of criminal conduct, or those who reasonably believe they are victims, to disclose information to anyone, including family, friends, employers and journalists, for any purpose; an NDA will be void insofar as it precludes such a disclosure relating to criminal conduct, or the response of an employer or other party to the NDA to such conduct, (7) Regulations extending the Employment Tribunal time limit for complaints relating to accompaniment at study or training meetings from three to six months, (8) a Tribunal Procedure Committee consultation on costs rules amendments across tribunals, (9) dates for your diary, and (10) other news and resources of interest to employment practitioners.
NEWS
This week’s edition of Employment weekly highlights includes: (1) a Scottish employment tribunal decision concerning gender critical views, (2) EHRC’s notification of the MoD’s apology and financial settlement to a former soldier subjected to racist and sexist abuse, (3) naming by the Equality and Human Rights Commission (EHRC) of six organisations which have failed to report gender pay gap data, (4) repeal of the definition of ‘woman’ in the Gender Representation on Public Boards (Scotland) Act 2018, (5) Regulations correcting drafting errors in the Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) Regulations 2014, (6) the government announcement confirming repeal of the Strikes (Minimum Service Levels) Act 2023, (7) an EAT judgment finding the tribunal had erred in concluding the movement of care home residents was a TUPE business transfer and service provision change, (8) a report that guidance on the new failure to prevent fraud offence is set to be published in the next three months, (9) an EAT judgment upholding a tribunal’s decision that it was not just and equitable to reduce compensatory awards for culpable and blameworthy conduct by the claimants, (10) the SRA’s updated warning notice on the use of non-disclosure agreements (NDAs), (11) the Tribunal Procedure Committee (TPC) consultation on proposed changes to employment tribunal rules on the provision of written reasons for decisions, (12) analysis by Vikki Wiberg at Taylor Wessing of the employment law implications of the April 2024 Skilled Worker visa changes, (13) analysis from Ben Maitland at Vanessa Ganguin Immigration Law of what to expect on immigration law from the new Labour government, (14) two new Practice Notes on allocating tips, gratuities and service charges to workers, and on joint employment, (15) dates for your diary, (16) updates to our case, legislation and consultation trackers and our horizon scanner, and (17) a new Q&A.