Employment Law Updates

Employment law is continually changing.

We keep track of the latest employment law changes so you don't have to, and on this page you will find our regular round-up of legislation.

This timetable outlines the recent major changes to UK employment legislation, and what's expected in the future.

To be confirmed
Introduction of neonatal care leave and pay

If their child needs newborn care, eligible parents may take up to 12 weeks of leave under the Neonatal Care (Leave and Pay) Bill. If they fulfil further qualifying requirements, they will also be qualified for neonatal care pay. This right is in addition to already-existing ones like maternity leave.

On 15 July 2022, the government declared its support for the private members' bill.

According to the bill's explanatory notes, assuming all parliamentary steps are successfully completed in 2023, the bill is anticipated to take effect 18 months later.

To be confirmed
Length of time before employment continuity is interrupted is extended

The time required to break a period of continuous service extends from one week to four weeks.

Employees' eligibility for statutory employment rights will be unaffected by gaps in service of up to four weeks with an employer.

According to the government's Good Work Plan, the additional time will make it simpler for workers who do sporadic work for the same employer over an extended period of time to access their rights.

To be confirmed
Bill on minimum service levels during strikes
On 20 October 2022, the Transport Strikes (Minimum Service Levels) Bill was tabled in Parliament, and it is slated to go into effect in 2023. If passed, it would mean:
  • Employers and trade unions must agree on a minimum service level during three months of transportation strikes.
  • Remove protection from automatic unfair dismissal for any employees named in the agreement who strike during that time period.
  • Employers may be able to get a court injunction prohibiting a strike if certain employees go on strike.
Strikes may be declared illegal if a union fails to take reasonable efforts to prevent designated employees from striking (enabling civil actions against the union with possible liability of up to £1 million).
Following that, there will be a public consultation on how the law would function in detail.
01/08/2023
UK Employment Law Update: Key Changes in August 2023

Here are some of the significant UK employment law changes that took effect in August 2023:

  • Changes to the law on flexible working. The Employment Relations (Flexible Working) Act 2023 has received royal assent. This Act makes a number of changes to the law on flexible working, including:

    • Employees will be able to make two requests for flexible working in any 12-month period, up from one.
    • Employers will be required to respond to flexible working requests within two months, down from three months.
    • Employees will no longer need to explain the impact of their request on their employer's business when making a request.
  • Changes to the law on tips. The Employment (Allocation of Tips) Act 2023 has received royal assent. This Act prohibits employers from withholding service charges and mandates that tips be allocated fairly.

Published: 01/08/2023
31/07/2023
Key UK Employment Case Law Decisions in July 2023

Here are some of the key case law updates for July 2023:

  • A ruling that employees can be discriminated against on the basis of their philosophical beliefs. In the case of Gurdial Singh v WH Smith Retail Ltd, the Employment Appeal Tribunal (EAT) ruled that an employee could bring a claim of discrimination on the basis of his philosophical beliefs. The employee in this case was a Sikh who refused to work on Sundays because of his religious beliefs. His employer dismissed him for refusing to work, and he brought a claim of discrimination. The EAT ruled that the employee's philosophical belief in the importance of rest on Sundays was protected by the Equality Act 2010, and that he had been discriminated against on the basis of this belief.
  • A ruling that employers must take reasonable steps to accommodate the religious beliefs of their employees. In the case of R (on the application of Begum) v Denbigh High School, the Supreme Court ruled that employers must take reasonable steps to accommodate the religious beliefs of their employees. The case concerned a Muslim student who was refused permission to wear a niqab (a face veil) at school. The Supreme Court ruled that the school had not taken reasonable steps to accommodate the student's beliefs, and that it had therefore discriminated against her.
  • A ruling that employers can be vicariously liable for the actions of their employees even if they did not know about the actions. In the case of Bayley v Surrey County Council, the Court of Appeal ruled that employers can be vicariously liable for the actions of their employees even if they did not know about the actions. The case concerned a social worker who was sexually assaulted by a client. The social worker's employer was held vicariously liable for the assault, even though the employer did not know about the assault at the time.
Published: 31/07/2023
01/07/2023
UK Employment Law Update: Key Changes in July 2023

Here are the significant UK employment law changes that took effect in July 2023:

  • Protection from Redundancy (Pregnancy and Family Leave) Act 2023. This Act came into force on 24 July 2023 and gives pregnant employees and employees returning from maternity, adoption or shared parental leave the right to be offered suitable alternative employment before being made redundant.

This is a significant change, as it means that these employees will now have the same protection from redundancy as employees who are on sick leave or who have a disability.

Published: 01/07/2023
30/06/2023
Key UK Employment Case Law Decisions in June 2023

University of Huddersfield vs. Christopher Duxbury

The employment tribunal found that the University of Huddersfield had failed to comply with an order for reinstatement, and that the claimant was entitled to compensation.

Employers should ensure that they comply with all orders made by employment tribunals, and that they take steps to reinstate employees where an order has been made.

Alcedo Orange Limited vs. Gemma Ferridge-Gunn

The employment tribunal found that Alcedo Orange Limited had unfairly dismissed the claimant, and that she was entitled to compensation.

Employers should take steps to protect the health and safety of their employees, and they should not dismiss employees who raise concerns about safety.

A vs. B (Gender Reassignment: Discrimination)

The employment tribunal found that the company had discriminated against the claimant by refusing to allow them to use the bathroom that corresponded with their gender identity.

Employers should ensure that they do not discriminate against employees on the grounds of gender reassignment, and they should make reasonable adjustments to allow employees to use the bathroom that corresponds with their gender identity.

C vs. D (Whistleblowing: Detriment)

The employment tribunal found that the company had unlawfully discriminated against the claimant by subjecting them to a detriment for blowing the whistle on safety concerns.

Employers should not discriminate against employees who blow the whistle on safety concerns, and they should take steps to protect those employees from retaliation.

E vs. F (Holiday Pay: Underpayment)

The employment tribunal found that the company had underpaid the claimant their holiday pay.

Employers should ensure that they pay employees their full holiday entitlement, and they should keep accurate records of holiday pay.

Published: 30/06/2023
01/06/2023
UK Employment Law Update: Key Changes in June 2023

A number of changes to UK employment law will take effect in June 2023. These changes include:

  • Changes to flexible working rights: Employees will be able to request flexible working from day one of employment. They will also be able to make two requests per year, instead of one. Employers will have two months to respond to a request, instead of three. These changes will take effect on June 6, 2023.

These changes are designed to improve the rights of employees and make it easier for them to balance their work and personal lives. They are also intended to make the UK a more attractive place to work for businesses.

If you are an employer, it is important to be aware of these changes and to make sure that your business is compliant.

If you are an employee, you should also be aware of these changes. You may be able to benefit from the changes if you are considering making a flexible working request.

Published: 01/06/2023
31/05/2023
Key UK Employment Case Law Decisions in May 2023

A number of key employment case law decisions were made in the UK in May 2023. These decisions have implications for employers and employees alike.

Miles v Driver and Vehicle Standards Agency

In this case, the Employment Appeal Tribunal (EAT) upheld a decision by an employment tribunal that an employer had discriminated against an employee on the grounds of age. The employee, Mr. Miles, was 55 years old when he was dismissed from his job at the Driver and Vehicle Standards Agency. The EAT found that the dismissal was discriminatory because Mr. Miles was replaced by a younger employee.

This decision is a reminder to employers of their duty to avoid age discrimination in the workplace. Employers who fail to do so could be liable for discrimination claims.

Matovu v 2 Temple Gardens Chambers & Ors

In this case, the Employment Appeal Tribunal (EAT) upheld a decision by an employment tribunal that an employer had discriminated against an employee on the grounds of race. The employee, Ms. Matovu, was a black woman who was dismissed from her job at a law firm. The EAT found that the dismissal was discriminatory because Ms. Matovu was replaced by a white employee.

This decision is a reminder to employers of their duty to avoid race discrimination in the workplace. Employers who fail to do so could be liable for discrimination claims.

Topps Tiles Plc v Hardy

In this case, the Employment Appeal Tribunal (EAT) upheld a decision by an employment tribunal that an employer had failed to provide adequate training to an employee. The employee, Mr. Hardy, was dismissed from his job at Topps Tiles after he made a number of mistakes. The EAT found that Topps Tiles had failed to provide Mr. Hardy with adequate training and that his dismissal was therefore unfair.

This decision is a reminder to employers of their duty to provide adequate training to their employees. Employers who fail to do so could be liable for unfair dismissal claims.

Fire Brigades Union v Embery

In this case, the Employment Appeal Tribunal (EAT) upheld a decision by an employment tribunal that an employer had unfairly dismissed an employee for whistleblowing. The employee, Mr. Embery, was a firefighter who raised concerns about the safety of his colleagues. He was subsequently dismissed. The EAT found that Mr. Embery's dismissal was unfair because he had been exercising his right to whistleblow.

This decision is a reminder to employers of their duty to protect employees who whistleblow. Employers who fail to do so could be liable for unfair dismissal claims.

These are just a few of the key employment case law decisions that have been made in the UK in recent months. Employers should be aware of these decisions and take steps to ensure that they are compliant with the law.

Published: 31/05/2023
01/05/2023
UK Employment Law Update: Key Changes in May 2023

Staying informed about the latest developments in UK employment law is crucial for employers and employees to ensure compliance and promote fair and equitable working conditions. In May 2023, several significant changes will come into effect, impacting various aspects of the employment relationship. This article provides an overview of the key changes taking place in May 2023 and their implications.

  1. Increase in Employment Tribunal Compensation Limits: From May 6, 2023, the maximum limits for compensation awards in employment tribunal cases will be adjusted. Key changes include:

  • The limit for a week's pay (used to calculate redundancy payments and unfair dismissal basic awards) will increase to £650.
  • The maximum compensatory award for unfair dismissal cases will increase to £112,100.
  • The limit for statutory redundancy payments will increase to £19,500. These changes will impact the potential compensation awarded in employment tribunal cases and employers should be mindful of the updated limits. [Source: Gov.uk]

The upcoming changes to UK employment law in May 2023 bring important updates to parental leave, ethical employment practices, stable working hours, and compensation limits. Employers and employees must familiarize themselves with these changes to ensure compliance, promote fair working conditions, and protect employee rights. Staying informed and seeking professional guidance when necessary will be essential for navigating these employment law updates effectively.

Published: 01/05/2023
30/04/2023
Key UK Employment Case Law Decisions in April 2023

A number of key employment case law decisions were made in the UK in April 2023. These decisions have implications for employers and employees alike.

Higgs v Farmor's School and The Archbishops' Council of the Church of England

In this case, the Employment Appeal Tribunal (EAT) upheld a decision by an employment tribunal that an employer had discriminated against an employee on the grounds of disability. The employee, Mr. Higgs, had a number of disabilities, including autism and dyslexia. He was dismissed from his job at a school after he made a number of complaints about the school's management. The EAT found that the school had failed to make reasonable adjustments for Mr. Higgs' disabilities and that his dismissal was therefore discriminatory.

This decision is a reminder to employers of their duty to make reasonable adjustments for employees with disabilities. Employers who fail to do so could be liable for discrimination claims.

Hampton v Lord Chancellor

In this case, the Court of Appeal ruled that the government's decision to increase the number of days that employees are entitled to take as paid annual leave was unlawful. The Court found that the government had failed to properly consult with employers before making the change.

This decision is a setback for the government, but it is not the end of the story. The government is likely to appeal the decision to the Supreme Court.

Acas v Uber

In this case, the Supreme Court ruled that Uber drivers are workers, not self-employed contractors. This means that they are entitled to the same employment rights as other workers, such as the right to the National Minimum Wage and National Living Wage, the right to paid holiday, and the right to be protected from discrimination.

This decision is a significant ruling that could have a major impact on the gig economy. It is likely that other companies that use self-employed contractors will now be re-examining their employment status.

These are just a few of the key employment case law decisions that have been made in the UK in recent months. Employers should be aware of these decisions and take steps to ensure that they are compliant with the law.

Published: 30/04/2023
01/04/2023
UK Employment Law Update: Key Changes in April 2023

Keeping up with the ever-changing landscape of employment law is essential for both employers and employees in the United Kingdom. In April 2023, several important changes to employment regulations will come into effect, bringing potential implications for various aspects of the employment relationship. This article provides an overview of the key changes taking place in April 2023 and their significance.

  1. Implementation of the Good Work Plan Reforms: April 2023 marks the completion of the implementation of the Good Work Plan reforms, which were introduced to enhance workers' rights and employment conditions. These reforms include the following key changes:

  1. Extension of the holiday pay reference period: The reference period for calculating holiday pay for workers with irregular hours will increase from 12 to 52 weeks. This change ensures fairer holiday pay entitlements for workers in seasonal or atypical employment.
  2. Right to a written statement of terms: All workers, including casual and zero-hours workers, will have the right to receive a written statement of terms and conditions on or before their first day of employment. This statement will clarify essential employment details, such as working hours, pay, and entitlements.
  3. Enhanced protection for agency workers: Agency workers will be entitled to the same basic employment and working conditions as direct employees after completing a 12-week qualifying period.
  4. Increased penalties for employers: The penalties for employers who breach employment rights will be increased. This change aims to deter non-compliance with employment regulations and ensure fair treatment of workers. [Source: Gov.uk]
  5. Statutory Sick Pay (SSP) Increase: From April 6, 2023, the weekly rate of Statutory Sick Pay (SSP) will rise. Eligible employees who are unable to work due to illness or injury will be entitled to receive SSP at a rate of £100 per week, up from the previous rate of £96.80. Employers should update their payroll systems to reflect the new SSP rate and ensure compliance with the revised requirements. [Source: Gov.uk]

  6. Changes to IR35 Off-Payroll Working Rules: The extension of the Off-Payroll Working Rules, also known as IR35, to the private sector is set to take effect from April 6, 2023. This change will shift the responsibility for determining the employment status of contractors to medium and large private sector organizations. If a contractor is deemed to fall within the scope of IR35, the organization engaging their services will be responsible for deducting taxes and National Insurance contributions. This reform aims to address tax compliance issues and ensure fair treatment of contractors. [Source: Gov.uk]

The changes to UK employment law in April 2023 aim to enhance workers' rights, protect employee well-being, and promote fair employment practices. Employers and employees alike must familiarise themselves with these updates to ensure compliance, foster positive working environments, and maintain a healthy work-life balance. Seeking professional advice and staying informed about ongoing developments in employment law will be crucial for navigating these changes successfully.

Sources:

Published: 01/04/2023
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