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Hello!
Welcome to the March 2024 update
This month we delve into several key updates that have or are likely to shape the workplace environment, such as the latest from the government on 'Fire and Rehire' and The Workers (Predictable Terms and Conditions) Act 2023.
We have also provided our usual summary of recent key cases. The cases of Miller and Toure below are of particular interest. We are noticing an increase in cases involving conflicting interests, some of which we have covered in our recent Employment Law Updates. Dealing with these types of issues can appear difficult but the tribunal cases serve as useful guidance. Provided a balanced approach is taken and procedures are followed, employers can act with confidence.
As always, should you wish to discuss any of the cases in this months’ InView or any impact they may have in relation to matters which you are dealing with, please do not hesitate to call us here at Vista.
Stephen
We have also provided our usual summary of recent key cases. The cases of Miller and Toure below are of particular interest. We are noticing an increase in cases involving conflicting interests, some of which we have covered in our recent Employment Law Updates. Dealing with these types of issues can appear difficult but the tribunal cases serve as useful guidance. Provided a balanced approach is taken and procedures are followed, employers can act with confidence.
As always, should you wish to discuss any of the cases in this months’ InView or any impact they may have in relation to matters which you are dealing with, please do not hesitate to call us here at Vista.
Stephen
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New Case Law
University professor wins Anti Zionist belief discrimination case
Expanding the scope of legal protections to encompass beliefs critical of political ideologies.
Constructive dismissal: affirmation of the contract of employment
Constructive unfair dismissal claims can pivot on whether the resignation was prompt and a result of the alleged fundamental breach. This can turn on the particular facts of the case.
Bonus claw-back provision was not an unlawful restraint of trade
Good drafting and regular reviews of your contractual terms and benefits, with legal support is sought where appropriate, does pay off.
Transfer of Undertakings: can liability for harassment transfer under TUPE where the harasser transfers to a new employer?
Does liability for harassment transfer? If so, when?
Victimisation claims cannot succeed if the underlying allegation of discrimination is false and made in bad faith
Ulterior motives and false allegations.
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News & Updates
Government publishes updated Code of Practice on ‘Fire and Rehire’
The latest Government proposals regarding “fire and rehire”.
Workers (Predictable Terms and Conditions) Act 2023
The Workers (Predictable Terms and Conditions) Act 2023 is a significant development in the realm of employment law, aiming to enhance the predictability and flexibility of working arrangements for workers.
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Upcoming changes
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Workshops for HR Professionals
Breaking Chains: Understanding & Tackling Addiction in the Workplace
We have teamed up with the wonderful team at Thrive Mental Wellbeing for the first in a three-part series of webinars looking at how we can better support Mental Health and Wellbeing in the workplace.
Fire & Rehire: What HR need to know and why plan now
New guidance for ACAS code of practice for dismissal and re-engagement has been published. This comes into force in Autumn this year and its aim is to make this controversial practice, also known as ‘fire and rehire’ a last resort. Join our webinar in April where we’ll be exploring: What is Fire & Rehire?
Bias and Bad Manners: How to Call Out Micro-Incivilities at Work
What helps your people feel included? What makes your workplace a respectful place to be? It can be difficult to pinpoint what makes an inclusive and respectful workplace. And when it happens, it can also be difficult to understand the reasons behind a breakdown in communication and relationships. In this webinar designed for HR professionals
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