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Welcome to this months update.
We hope you have been enjoying Bank Holiday season.

In this month's InView we have a few news-worthy updates for you, including the latest on the new proposed positive duty to prevent sexual harassment, and an update on a change to restrictive covenants.

And with fertility awareness on the rise, we've put together an action plan for employers to help support employees in your organisation that might be affected by fertility challenges.

We hope this month's update is useful, and we'll see you in June.

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New Case Law
Restrictive Covenants
In the recent case of Dr Alan Boydell v NZP Pharma Limited, the Court of Appeal agreed that it was possibIe to find a clause to be potentially valid if it covered what it needed to, but also unintentionally covered areas which were “fantastical” and were not contemplated.

Laughing at an employee who fell over not found
to be harassment 
In Perera v Stonegate Pub Company Ltd it was held that an employer who laughed at an employee who fell over at work had not harassed them on racial or religious grounds.

Primary claim fails but be aware of victimisation 
A recent EAT case is as a helpful reminder to employers that, where an employee makes a complaint of discrimination, even if the employer does not believe that the complaint has merit, they can still be found liable for victimisation owing to the way in which they handled the complaint.

Resignations in the
'heat of the moment'
In Cope v Razzle Dazzle Costumes Ltd Mrs Cope, following a tense discussion at work, said “I’m done” and walked out of the building. She later submitted a sick note. Her employer treated her statement as a resignation and treated her as having resigned from her employment.

She brought a claim of unfair dismissal.

National Minimum Wage and term-time working 
This case, although specific to its own facts, is a useful reminder to those who engage or employ workers on atypical working patterns such as term time working.

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HR Resource Hub
Fertility in the Workplace: An Action Plan for Employers & Managers
16% of the workforce are impacted by fertility issues. Here is an action plan to help you to support fertility in your workplace.

Achieving the ISO for Diversity & Inclusion
Did you know that we can support your journey towards achieving this, even if your goal isn't accreditation?

Here's what the assessment process was like for us and how we can help.

Mock Investigation: Join us next week!
Are investigations in your organisation time consuming, unstructured and stressful? Join us for our next free Mock Investigation where we'll be putting our tried and tested techniques for planning and conducting an investigation through their paces together.

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In the News

The New Proposed Positive Duty to Prevent Sexual Harassment 
The Government have announced plans for new sexual harassment legislation. We have put together a quick reference guide for HR teams and employers which is designed to help you 'keep your finger on the pulse' of the legal changes afoot, as well as give you the tools and ideas to proactively prevent harassment in the workplace.

Proposed Reform to Restrictive Covenants 
Back in 2020 the government launched a consultation into the use and reform of non-compete clause. They have recently published their response to this consultation, here's the latest.

Statutory Redundancy Pay
The statutory redundancy ready reckoner is very useful for employers and employees alike when calculating redundancy pay.

There are, however, a few pointers that are worth considering when you are making your calculations...