Following the announcement of the new Returnership Programme in the Spring 2023 Budget which is targeted at over 50s, the Government has now published employer guidance on how they can help individuals return to work.
In McQueen v General Optical Council the EAT considered whether an employee’s inappropriate conduct in the workplace was something arising from his disability and therefore protected under Equality Legislation.
In Meaker v Cyxtera Technology UK Ltd the EAT held that a ‘without prejudice’ letter to an employee was an effective dismissal letter despite it stating that the termination of employment was by mutual agreement, which was not the case, and enclosing a draft settlement agreement with an associated offer of an ex-gratia payment.
In the case of Smith v Tesco Stores the Employment Appeal Tribunal has upheld a decision to strike out a claim where the claimant, who was a litigant in person, acted in a manner that was considered vexatious.
A new working pattern can be found to be a Provision, Criterion or Practice (PCP) that has been ‘applied’ for the purposes of an indirect discrimination claim, even where an employee has not actually had to work under this arrangement.
On 24 January 2023, the Government published their response to a report from the Women and Equalities Committee entitled Menopause and the workplace.
Following Supreme Court’s July 2022 ruling in Harpur Trust v. Brazel, the Government has announced a consultation that is looking to change the calculation of holiday entitlement of part-year and irregular hours workers.
In the case of Health & Safety Executive v Jowett the Employment Appeal Tribunal ruled that documents relating to the Claimant’s previous employment with the Respondent could be admissible evidence in assessing the time period of future losses.
The law recognises that employers need to be able to initiate settlement discussions with their employees without fear of those discussions being used as evidence against them.
Day one right to allow millions of employees the right to request flexible working in relation to when, where and how they work.
