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
Employment Notes
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UK: working time and equality law changes in force from 1 January; new government guidance published
Regulations amending the Working Time Regulations, TUPE and the Equality Act, codifying and clarifying EU-derived rights following the Retained EU Law (Revocation and Reform) Act 2023, were approved by Parliament on 19th December 2023 (without changes to the draft text) and came into force on 1 January 2024. The changes to the Equality Act are…
UK: draft regulations provide detail of new right to carer’s leave planned for 6 April 2024
Draft regulations have now been published setting out the detail of the proposed new ‘day one’ right for (unpaid) carer’s leave, due to come into force on 6 April 2024. In preparation employers may wish to start drafting a stand-alone policy or consider adding the new right to any existing policy covering time off for…
UK: draft regulations confirm detail and timing of extension of family leave redundancy protection
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,…
UK: EAT whistleblowing decision highlights importance of complying with Acas Code
A recent EAT ruling serves as a reminder to employers that a failure to follow the statutory Acas Code of Practice on disciplinary and grievance procedures can lead to a substantial uplift on an already large award for a whistleblowing dismissal, and that contractual clauses purporting to cap compensation on termination have no effect even…
UK: recent rulings provide a reminder that employees with work-related stress may be able to satisfy the definition of disability
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…
Employment Espresso Pods: Looking Ahead: Part 2 – Potential Employment Law Proposals from the Labour Party
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…
UK: EAT ruling suggests employers should consider general workforce consultation at a formative stage of all redundancy proposals, regardless of scale and union/other representation
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…
Australia: New regulatory scrutiny for employers: AHRC takes on new powers to enforce federal positive duty
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.
Refresher:…
PRC: Employment Disputes – Social Insurance and Senior Employees
Navigating employment disputes in China can be a complex task, given the evolving interpretations of law and the wide variety of local practices. In this update, we look at three cases on social insurance and termination of senior employees’ employment.
Statute of limitations on social insurance recovery
Case Summary:
Employee H joined Company A before…