Irwin Mitchell | IM Educate Briefing | September 2022: News in brief

Updated Academy Trust handbook

The Academy Trust Handbook has been updated. Changes have been made to the sections on financial reporting, special payments, indemnities and religious character. We’ve provided a more detailed explanation here.

Unions issue legal challenge about using agency workers to cover strike action

On 21 July 2022, new legislation came into force allowing employers to use agency workers to fill staffing gaps caused by industrial strike action. A number of unions have come together to challenge that legislation, on the basis that it undermines the right to strike protected under the European Convention on Human Rights. They also argue that the government has violated the Employment Agencies Act 1973 by failing to consult with representative bodies before setting out the new regulations.

Progress of new Carer’s Bill

A Private Member’s Bill introducing the right for carers to take unpaid leave provide, or arrange care for a dependant with a long-term care need, has got through its first reading and is due to have its second reading this month.

We don’t know if the government will support the Bill. The 2017 and 2019 Conservative general election manifestos both included commitments to introduce leave for carers. In 2020 there was a Government consultation on ‘proposals to give employees a week of unpaid leave each year to provide care’. The response to the consultation found strong support for the idea and concluded that ‘Legislation to introduce carer’s leave as a day 1 statutory employment right will be brought forward when parliamentary time allows’.

A previous Private Members Bill, launched in 2021, failed before its second reading.

The House of Commons Library has published a briefing paper which sets out the background, content, and commentary on the Carer’s Leave Bill 2022–23.

ECRC raises concerns about discrimination in the use of AI

The Equality and Human Rights Commission (EHRC) has announced that it will take action to address discrimination in the use of artificial intelligence (AI) by public bodies. This follows new evidence that suggests that algorithms embed bias.

It has also published new guidance for organisations to help them avoid breaches of equality law, which includes practical examples on how AI systems may be causing discrimination.

You may also find our article useful, Computer says no – unpicking the employment risks of AI which analyses the legal implications of using AI to make significant decisions about your staff.

New report indicates that nearly half of BME workers experience racism at work

The Trades Union Congress has published a report finding that 41% of Black and Minority Ethnic (BME) workers have experienced racism in the workplace. 81% of those who've faced racist behaviour don’t report it due to worries about not being taken seriously or facing negative consequences.

There are around 3.9 million BME employees in the UK, and the TUC has expressed concern that hundreds of thousands of people are at risk of racist treatment, ranging from so-called ‘banter’ and jokes to bullying and harassment. The TUC has called on the government to work with trade unions and employers to ensure that employers take action to prevent workplace racism, to improve workers’ rights, to ensure ‘swift and effective’ penalties for the wrongdoers, and to introduce mandatory ethnicity pay gap reporting.

Government announces U-turn on IR35

The new Chancellor has announced that the government will repeal the IR35 rules for both the private and public sectors. From 6 April 2023, workers providing their services via their personal service company will be responsible for determining their own tax status. If they are an employee, they become responsible for paying their own tax as if they were an employee. In other words, we go back to the same system in place prior to the rule changes which in the case of the private sector only came into force last year.

You can find out more about this here.

Call for evidence: review of hybrid and distance learning

The government has brought forward the deadline to comment on its review of hybrid and distance learning to 28 October 2022.

Acas publish new guidance on suspending staff from work

The new guidance recommends that employers only suspend when its absolutely necessary and sets out a number of alternatives. It also advises employers should ‘keep the reason for any temporary change confidential … and discuss with the employee what they will tell others at work about the temporary change’.

Most searched excuses to miss work

New research into the volume of Google searches for excuses to miss work reveals that searches have risen dramatically over the course of the last two years. The ten most popular searches include ‘best excuses for missing work’, ‘realistic excuses for missing work’ and ‘believable excuses for missing work’.

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October 2022: News in brief

Updated Academy Trust handbook

Unions issue legal challenge about using agency workers to cover strike action

Progress of new Carer’s Bill

ECRC raises concerns about discrimination in the use of AI

New report indicates that nearly half of BME workers experience racism at work

Government announces U-turn on IR35

Call for evidence: review of hybrid and distance learning

Acas publish new guidance on suspending staff from work

Most searched excuses to miss work

Read more – October 2022

For general enquiries

About Irwin Mitchell

Contact Us

Get a call back

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October 2022: News in brief

Updated Academy Trust handbook

Unions issue legal challenge about using agency workers to cover strike action

Progress of new Carer’s Bill

ECRC raises concerns about discrimination in the use of AI

New report indicates that nearly half of BME workers experience racism at work

Government announces U-turn on IR35

Call for evidence: review of hybrid and distance learning

Acas publish new guidance on suspending staff from work

Most searched excuses to miss work

Read more – October 2022

For general enquiries

About Irwin Mitchell

Contact Us

Get a call back