UK: recent additions to Employment Notes

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 the first half of 2024, these include Brexit-related changes on holiday pay and TUPE, new rights to carer's leave, extended redundancy protections, and changes to flexible work requests; in the Autumn, predictable work requests and a new proactive duty to prevent sexual harassment.  Please click on the links below for further details and do get in touch with your usual HSF contact if you would like to discuss the impact of any of these developments for your business.

Recent cases

• EAT whistleblowing decision highlights importance of complying with Acas Code
• recent rulings provide a reminder that employees with work-related stress may be able to satisfy the definition of disability
• EAT ruling suggests employers should consider general workforce consultation at a formative stage of all redundancy proposals, regardless of scale and union/other representation
• provision for clawback of bonus if notice given within three months of payment  was enforceable
• tribunal rules that 'anti-woke' views amounted to a protected belief
• Supreme Court rules that three month gap does not automatically end series of deductions, increasing scope for historic holiday underpayment and other deduction claims
• recent tribunal cases highlight importance of neurodiversity awareness
• EAT rule on timing of TUPE transfer of multinational business by series of transactions
• Court of Appeal rulings on pre-Brexit EWCs and on scope of 'transnational' matters requiring EWC consultation
• anti-suit injunction granted to protect English domiciled employee's right to be sued only in English court and prevent US employer suing in New York
• no interim injunction to enforce covenant where unreasonable delay, even where new job not yet started
• investigatory context of unwanted comments is relevant to whether they amount to harassment
• EAT provides welcome guidance on proportionality in belief / freedom of expression cases

Legislative/regulatory reforms

• working time and equality law changes in force from 1 January 2024; new Government guidance published
• draft regulations provide detail of new right to carer’s leave planned for 6 April 2024
• draft regulations confirm detail and timing of extension of family leave redundancy protection
• November round-up of progress on employment legislation reforms
• EU discrimination case law to be enshrined in legislation to ensure rights retained post 1 January 2024
• Government announces reforms to working time rules on holiday and TUPE
• changes to harassment law enacted; Acas draft statutory Code on Predictable Work Requests published
• new right to request more predictable working pattern enacted, expected to be brought into force Autumn 2024
• August round-up of new employment law consultations, guidance and progress on legislative proposals
• changes to flexible work request rights in the offing
• Government proposes new offence of failure to prevent fraud
• Proposed reforms to non-compete clauses
• Diversity and inclusion in the financial sector – driving change
• ET Presidential Guidance on Alternative Dispute Resolution introduces potential for mandatory disputes resolution appointments

Recent podcasts

• Potential employment law proposals from the Labour Party Part 1 and Part 2
• Class Actions in England and Wales podcast series: Episode 8 - Employment