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Hello!
Welcome to this months update.
I don’t know about you, but Brexit seems so long ago now. Especially with all the political turmoil and other significant developments worldwide since then. This aside, it's a topic we can't ignore. As you will see from our first article this month, European legislation and case law has had a bearing on several areas of employment.

Don't forget that the UK actually “gold plated” some of the legislation derived from the EU, for example, annual leave and TUPE. So, we will have to wait and see whether, firstly, the government will have time to give these matters the attention required or seek to extend the deadline; and, secondly, whether any proposed changes can be successfully implemented when such rights have become well established.

One thing is certain though, organisations of all sizes have numerous considerations regarding their greatest asset, their people, both now and in the future.

I hope you enjoy this month's updates, and we'll see you in November.

Stephen Foster
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New Case Law
Brexit & Employment Law
We haven't heard the 'B' word for a while, have we? Last month saw the tabling in the HoC of the EU Law (Revocation & Reform) Bill. Here's the latest update.


Discrimination - Time Limits
In Kumari v Greater Manchester Mental Health NHS Foundation Trust, the employee lodged her claims too late.  This case went all the way to the EAT, and is a reminder that late claims will be the exception, not the rule.

TUPE
In Ponticelli v Gallagher the employee was part of a SIP. Following a TUPE process he lost his right to participate. The employee applied to the tribunal for a determination of his terms and conditions, saying he had the right to participate in a similar SIP with the new employer. Read the detail of the case below.

Covid & Disability Status
Employers dealing with Long COVID related absence is on the up. The ET has investigated an interesting case involving long COVID and whether it qualifies as a disability. Our team review the case of Quinn v Sense Scotland below.

Unfair Dismissal
Can continued lateness justify dismissal? The EAT in Tijani v The House of Commons Commission  held that it could...
 
Philosophical Beliefs
Football fandom can seem like a strong and forceful belief, but is supporting a football team a philosophical belief, on a par with other religious and philosophical beliefs? Here is the latest on McClung v Doosan Babcock.

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Legal Updates

IR35
The government have been going round in circles on this one. Here is the latest you need to know regarding where employers stand re IR35.


Gender Pay Gap
The 'small business' threshold has increased, but do the changes impact gender pay gap reporting? Our team review the changes below.


Strikes
The trade unions have bitten back this month & have mounted a legal challenge via a claim for judicial review of the government’s decision. Here are the latest developments...


ACAS Guidance on Suspension
Acas has published new guidance for employers on using the right to suspend as part of a disciplinary process.


Legal Privilege
The EAT have recently ruled that it is not possible for a document to acquire privilege retrospectively. A really important reminder to employers...


Right to Work Checks
Following the COVID-19 pandemic, temporary changes to the UKs right to work checks have been place. As of 1st October 2022, these temporary changes have come to an end. Here’s the latest..

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Extra Resources
FREE WORKSHOP: Tools & Techniques to Manage Conflict in the Workplace
Managers are often concerned about the ramifications of managing conflict. In this live webinar designed for HR professionals, we will provide you with practical tools and techniques to share with your managers.

Data Subject Access Requests
Receiving a DSAR from an employee can feel daunting. If you have one on your desk, we can help you to ensure confidence and compliance.

Menopause in the Workplace
This month we celebrated World Menopause Day. Here are some of our favourite resources for HR teams to share with their managers and with employees experiencing menopause at work.

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