Publications

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.

As the start of a new tax year approaches there will be an increase to the statutory rates payable for certain employment rights that will apply from April 2023. We have detailed these in this week’s blog below.

In the last week headlines have been dominated by Gary Lineker, having been suspended by the BBC due to a comment he made on his personal social media account about the Government’s asylum policy.

In Autumn 2022 XpertHR carried out a survey of 158 UK organisations and their employees. The results showed that almost a third of organisations surveyed had seen a rise in employee grievances over the past two years, with the top three reasons being bullying or harassment at 67 per cent, relationships with managers at 54 per cent and relationships with colleagues at 49 per cent.

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.

We outline the current Government consultation on a proposed new statutory code of practice on the use of fire and rehire practices.

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.

Direct marriage or civil partner discrimination occurs where a person (A) discriminates against another (B) if, because of marriage or civil partnership, A treats B less favourably than A treats or would treat others.

An overview of some of the legislative and case law changes to look out for in 2023.