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Welcome to this months update.
Thanks for tuning into the October edition of InView, we have a lot of news to bring you this month. A few things not to miss:

There are a lot of developments 'on the horizon' at the moment, including the ever changing Worker Protection Bill, the Retained EU Law Bill, and AI starting to make judicial decisions, albeit 'minor' ones. We've got the latest updates on all of these in the last section of the update.

We're also covering the long awaited decision in the Agnew case, and an interesting redundancy case involving the NHS, which highlights the difficulties that employers face when seeking to argue that a redundancy payment is not payable because the employee has unreasonably refused suitable alternative employment.

Don't miss our remaining workshops for 2023 too, next up we're focusing on Neurodiversity and the Employment Law framework - something we're increasingly getting enquiries on.

Anyway, over to you, enjoy the update and see you in November.

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New Case Law
Holiday pay claims no longer restricted by 3-month gaps between deductions
The Supreme Court has recently handed down its judgment in the long awaited case of Chief Constable of Police Service of Northern Ireland v Agnew.  Here's what you need to know...

NHS Trust was wrong to refuse to make a redundancy payment to HR leaders after they turned-down an alternative job offer 
This case highlights the difficulties that employers face when seeking to argue that a redundancy payment is not payable because the employee has unreasonably refused suitable alternative employment. Here's the latest on Stevenson and others v Mid and South Essex NHS Foundation Trust...

Employment Appeal Tribunal gives guidance on the test for ‘like work’ in Equal Pay cases
This is a helpful summary of the legal test involved where an employee claims that they are being paid less than a comparator who carries out ‘like work’.

The right to participate in a share incentive plan did transfer under TUPE, Court of Session rules
This is an important case because it demonstrates that a right which exists outside of the contract of employment itself can still transfer under TUPE. Here's the latest on Ponticelli v Gallagher...

Tribunal was wrong to rely on its own ideas of the real reason for dismissal in an unfair dismissal claim 
In the recent case of Mullen v Greater Glasgow Health Board the claimant was dismissed from his role as supervisor for gross misconduct after an investigation found that he had threatened a fellow employee...

Business operations outside of the UK should have been taken into account when deciding when a TUPE transfer
took place
When approaching a business transfer taking place across a number of transactions, employers need to look carefully at the point in time that responsibility for operating the business will, in fact, transfer.

Employment Appeal Tribunal gives guidance on the timing of failures to make reasonable adjustments
In the recent case of Fernandes v DWP the Employment Appeal Tribunal allowed an appeal in a disability discrimination claim of failure to make reasonable adjustments. The key question was how you should ascertain when a ‘failure’ to make a reasonable adjustment occurs.

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News & Future Developments
Third party harassment provisions removed from Worker Protection Bill by House of Lords
The House of Lords have amended the Worker Protection (Amendment of Equality Act 2010) Bill to remove the proposed third-party harassment provisions. Here's the latest news...

Retained EU Law Bill becomes law – what now?
The Retained EU Law (Revocation and Reform) Act has now come into force, here's the latest...

Increase in civil penalties for employers found to have employed illegal workers
The government has announced plans to triple the maximum fine it can impose on employers who are found to have employed a person who does not have the right to work in the UK.

AI to take minor judicial decisions in the future 
Yet another indication that AI is going to change ways of working across all sectors in the coming years.

Businesses need to be ready for it.

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Workshops for HR Professionals
Neurodiversity and the
Employment Law Framework
Following the number of challenges employers are currently facing when it comes to Neurodiversity in the workplace, we’ve designed a new webinar specifically for HR & D&I Leaders where we'll be exploring:

  • How to identify areas for adjustment, what ‘reasonable’ really means, and how to ensure adjustments are effective and sustainable
  • The legal framework surrounding disability discrimination
  • The need-to-know terminology, along with tools you can use to support conversations around neurodiversity in your business (from our friends at 10to3 Digital)
  • Top, actionable tips to support your Neurodivergent colleagues effectively

How to Manage Conflict using
Insights Colour Energies
Insights colour energies represent different personality traits, communication styles, and preferences for approaching work challenges. In this live webinar designed for HR professionals, Vista’s insights accredited experts will provide you with practical tools and techniques to share with your managers.

You will learn:
  • Why we feel negatively about conflict
  • How to flex our style with colour energies in mind, to manage negative reactions to conflict
  • How to get to the nub of the issue that’s causing conflict