Employment Law Newsletter – Autumn 2023
There has been no let up in the pace of employment law developments over the past few month. From the long awaited Supreme Court decision in the latest holiday pay case to the quashing of the Regulations that permitted agency workers to replace striking workers. Whilst those two cases attracted the headlines, there are other important developments that employers and HR professionals need to be aware of including a new report showing the extent of pregnancy and maternity discrimination and helpful guidance from the ICO about processing workers’ health data.
Please do take a moment to consider the articles in this Autumn newsletter, where we provide an update on a range of topics and provide a link to the recording of our most recent Employment Webinar.
Articles
Below is a complete list of our articles covering topics important to you.
Supreme Court decision regarding underpayments of holiday pay
In a significant judgment, the Supreme Court has clarified a number of key issues relating to the calculation of holiday pay and in particular, considered what is meant by a “series of deductions”.
Regulations permitting agency workers to replace striking workers quashed
One year on from their introduction, the High Court quashed the Regulations that enabled agency workers to replace striking workers because of the Secretary of State’s failure to comply with the statutory duty to consult.
New Report Sheds Light on Pregnancy and Maternity Discrimination
A recent survey has revealed the worrying extent of pregnancy and maternity discrimination in the workplace. Bullying and harassment and hurtful comments about their appearance are some of the negative experiences women have faced.
ICO guidance published on processing health data
The Information Commissioner’s Office guidance helps employers understand their data protection obligations when processing their workers’ health data including in the context of handling sickness absence records and conducting drugs and alcohol testing.
Discrimination arising from disability relating to the menopause
A recent Employment Tribunal decision illustrates the difficulties when trying to fairly manage a disabled employee’s performance issues and the dangers of failing to concede from the outset that a claimant is disabled. It also serves as a reminder that menopause symptoms can amount to a disability under the Equality Act 2010.
Huge increase in fines for illegal working or renting
In the biggest shake up of civil penalties since 2014, the Government has announced that fines will be more than tripled for employers and landlords who allow illegal migrants to work for them or rent their properties. The higher penalties are expected in early 2024.
Occupational Health under review
Two recent consultations papers focusing on Occupational Health (OH) were recently published. The aims of the consultation exercise are to increase employer take up of OH services and to explore the role of tax incentives in boosting OH provision by employers.
Reasonable adjustments and the recruitment process
The obligation to make reasonable adjustments also extends to job applicants and a recent decision by the Employment Appeal Tribunal illustrates that employers need to act with care when job applicants disclose a disability.
Important changes ahead for flexible working
The Employment Relations (Flexible Working) Act 2023 has received Royal Assent and it makes significant changes to the right to request flexible working which are expected to be implemented in 2024.
Keeping in balance
Following the trial of a 4-day working week, employers reported that productivity had been maintained or increased, that sickness absence had reduced and there were benefits for retention and recruitment. In addition, many employees found it easier to balance work and home responsibilities and reduced stress levels.
Team news
I am delighted to inform you that the prestigious Legal 500 directory results have been announced and our team’s first-rate client service and specialist expertise has been recognised in the 2024 guide with our Employment and Pensions practices achieving a Tier 1 ranking.
Partners, Jo Davies, Matthew Smith, Paula Kathrens and myself were recognised as Leading Individuals, Gillian McCue was identified as Next Generation Partner and Madeleine Mould and Vicky Schollar as Rising Stars.
It’s fantastic to see so many of our lawyers being recognised for their achievements and hard work in this year’s Legal 500.
Webinars
We had excellent feedback from our recent webinar on 14 September, Effective Performance Management. If you were unable to attend the webinar, you can watch the recording here.
I hope you will find all the articles above informative and helpful, and if you would like any further information please do not hesitate to get in touch with your usual Blake Morgan contact.
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