Latest from Employment Notes - Page 6

Recent additions to Employment Notes in the last few months of 2023 have covered case law developments on disability and work-related stress, neurodiversity, small scale redundancy consultation, bonus clawback provisions, belief discrimination and more. We also covered several employment law reforms which will require employers to update staff policies and HR procedures this year; in

Following the Protection from Redundancy (Pregnancy and Family Leave) Act last summer, draft regulations have now been published setting out the changes to redundancy protections due to apply from 6 April 2024.
Employees on maternity leave, adoption leave or shared parental leave already have the right to be offered a suitable alternative vacancy, if available,

A couple of recent cases serve as a reminder that employees suffering work-related stress or anxiety may qualify as disabled for employment law purposes, meaning employers have a duty to make reasonable adjustments to any elements of the employee’s role which place them at a substantial disadvantage.
Under the statutory definition, an individual is disabled

In the second part of our look ahead to potential employment law proposals should the Labour Party secure a win at the next General Election, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, continue to explore the key employment-related proposals put forward by the Labour Party in its Green Paper

An employer should consider whether to consult at a workforce level at a formative stage of all redundancy proposals, regardless of numbers (and therefore whether the collective consultation obligations apply) and whether there is union or other existing employee representation.  Employers unable to show good reasons why they have decided not to consult at this

On 12 December 2023, the Australian Human Rights Commission (AHRC) gained its enforcement powers in respect of the new Federal positive duty to prevent workplace sexual harassment and related unlawful conduct.  This means that, for the first time, Australian employers are now subject to regulatory scrutiny from the AHRC in relation to their approach.
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