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Welcome to the first update of 2024.
This month we're covering the latest on the changes to holiday pay, something we've had plenty of questions about! We've included a recording of our latest employment law clinic on this topic which is one not to miss if you have questions about calculating holiday pay.

The case of Joseph de Bank Haycocks v ADP RPO UK Limited reminds us of the importance of early consultation with workforces during a redundancy situation, and don't miss our new guidance on translating Wellbeing in the workplace into great management practice.

As always, if you have any questions, please don't hesitate to get in touch with a member of the team.

Until then, enjoy this months InView!

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New Case Law & News
The importance of early consultation with the workforce in redundancy situations 
This case is a great reminder to employers seeking to carry-out a fair consultation process in a redundancy situation, there are a few tips to take account of from the very moment that redundancies are contemplated. Don't miss it if you have change coming up in your business.

Settlement Agreements can settle future unknown claims under the Equality Act 2010
In an update to a case we reported on previously, the Court of Session in Scotland has upheld an appeal in Bathgate v Technip Singapore PTE Ltd. This case focused on the use of a settlement agreement and whether they could settle future claims.

Definition of disability 
The Employment Appeal Tribunal recently looked in detail at the definition of disability under Equality Act 2010 and, in particular, what should be regarded as ‘day to day activities’ when considering whether a Claimant’s impairment has a substantial adverse impact on day to day activities.

Occupational requirements must be applied proportionately to avoid liability for discrimination
The general occupational requirement exception set out at Paragraph 1 to schedule 9 of the Equality Act 2010 means that there will be no liability for direct discrimination where holding a particular protected characteristic (or, in some cases, not holding it) is an occupational requirement.

This case is a reminder of the narrow application of the general occupational requirement exception.

Pilot engaged by Ryanair through an intermediary had rights as an agency worker and was also ‘employed’ by the intermediary for the purposes of the Civil Aviation (Working Time) Regulations 2004 
This case is another, in a series of cases following the famous “Uber” case, which serves as a reminder that tribunals will look behind the contractual set-up or wording to find the commercial reality of the relationship between an employer and an individual.

The Supreme Court confirms an important limitation on trade union recognition rights 
In November 2023, the Supreme Court handed down their judgment in the case of Independent Workers Union of Great Britain v CAC. Here's the latest...

A reminder that contractual agreements can’t be used to subvert statutory employment rights
A recent Employment Appeal Tribunal decision reminds employers that contractual terms cannot be used if their effect is to subvert or limit statutory employment rights. Here's the latest on SPI Spirits (UK) Limited v Zabelin.

New holiday pay rules: a new regime for part-year and irregular hours workers 
We are about to enter a brave new world in terms of holiday entitlement for those who have irregular or part-year working patterns. But don't panic, here's what you need to know...

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Wellbeing in your Workplace
The 5 Ways to Wellbeing: How do the Vista team keep their wellbeing in check?
How to Translate the Five Ways to Wellbeing into Great People Management
The Five Ways to Wellbeing have been adopted by many organisations from different sectors, including the NHS, Universities and Local Authorities. But how can you practically apply its benefits into great management? Our experts give their top tips here.
Positive Mental Health and Wellbeing Training
Vista are proud to be pioneering a new approach to mental health and wellbeing training, coupling this with our employee relations expertise and leadership development in one go.

This means that delegates can align and connect these three areas, translating into more effective employee relations practice and leadership behaviours. If positive mental health and wellbeing is on your 2024 agenda, take a look at our programme of training here, but please keep in mind we can tailor each of these for your organisations needs.

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Workshops for HR Professionals
ON DEMAND: Holiday Entitlement Clinic
Late last year the Government issued its response to the consultation on retained EU employment law, and calculating holiday entitlement for part-year and irregular hours workers.

To help you prepare, we hosted an employment law clinic to clarify the key changes, and to answer your burning holiday rights questions.

Enhancing Employee Relations through Middle Managers: From Research to Action
What specific areas of management capability need urgent support? Which groups are most vulnerable, and how can HR assist middle managers in confidently addressing employee relations challenges?

Join us for insights from Sarah Dillon, Director of Legal and ER at esphr, and Vicky Roberts, Head of Training and Solicitor at Vista. We will address these crucial questions, delving deeper into esphr’s national research findings on managers’ confidence and capability. 
Sexual Harassment - ‘Reasonable Steps’ vs ‘All Reasonable Steps’
What’s the difference between ‘reasonable steps’ and ‘all reasonable steps’ when it comes to building a defence to sexual harassment?

Join our employment law team for a 45 minute webinar where we’ll explore:

  • The case law
  • What to expect from the new requirements (Worker Protection (Amendment of Equality Act 2010) Bill) that will come into effect in October 2024
  • Things employers can be doing now
  • Answer your questions