Employment Law Newsletter – Winter 2023

8th February 2023

There is no let-up in the pace of employment law developments. Take a moment to consider our Winter newsletter, where we provide an update on the recently published consultation paper on the important topic of calculating holiday entitlement. In addition, there is a review of some recent EAT decisions on topic as diverse as “vanishing” dismissals and marital discrimination.


Our other articles cover additional important topics and here is the complete list.

Consultation on calculating holiday entitlement

In Harpur Trust v Brazel, the Supreme Court held that that part-year workers are now entitled to a larger holiday entitlement than part-time workers who work the same total number of hours across the year. The Government is keen to address this disparity and has published a consultation paper on the issue. The consultation period ends on 9 March

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Dismissal “vanishes” after successful appeal process

The EAT has held that an employee who had been dismissed, later saw her dismissal “vanish” following a successful appeal process when she was reinstated. Her subsequent claim for unfair dismissal was unsuccessful. Reinstatement meant that the dismissal effectively vanished.

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Care needed in identifying whether the duty to make reasonable adjustments arises

The requirement to participate in an interview as part of a redundancy selection process could potentially place a disabled employee at a substantial disadvantage in comparison with employees who were not disabled. However, the duty to make reasonable adjustments did not arise as the employee’s disability was not the reason for his refusal to be interviewed.

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Tackling the Taboos

Over recent years we have seen an increased willingness to talk about menopause in the workplace. Similar conversations are happening in relation to menstruation, fertility treatments and miscarriages. In our article we consider whether women’s reproductive health and its effect on work is finally becoming a workplace priority.

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Marital discrimination: EAT reminder about the narrow protection provided

The EAT has held that the Employment Tribunal failed to apply the correct legal test in finding that the claimant had been directly discriminated against because she was married. The correct legal test was whether the claimant had been treated less favourably because she was married, and not because she was married to a particular individual.

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Many benefits for employers taking proactive approach towards menopause

Proposed changes to legislation aimed at protecting the rights of women experiencing menopause have been largely rejected by the Government. We explore why – and how – women suffering from menopause symptoms should be better supported in the workplace and the benefits of taking a proactive approach.

Read more


We will be holding our first Employment webinar of 2023 on Wednesday 15 March at 10am on the challenging topic of Managing sickness absence and supporting employee wellbeing. According to the most recent ONS statistics, sickness absence rates in the UK are the highest they’ve been since 2010. Managing sickness absence and supporting employee wellbeing is a priority for many employers. But it’s not always straightforward. For details of the speakers and how to register please see here.

We do hope you can join us at the webinar.

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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