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  • Employment Law Update

Employment Law Update

Register for monthly updates and invitations to our seminar programme

Our monthly Employment Law Update explores the latest developments in employment law and looks at the issues that matter to employers.

April 2025

  • Sex in the Equality Act means biological – not certificated sex
  • Indirect discrimination: to what extent does a requirement to travel outside of core childcare hours create disadvantage to women?
  • Can you lawfully dismiss someone if you later find out they’ve omitted important information from their job application?
  • External job applicants: Court of Appeal confirm they don’t have whistleblowing protection
  • Employment tribunal claims: will waiting times continue to increase?
  • Employment rates and limits in effect this month
  • April 2025: news in brief

March 2025

  • Employment Rights Bill amendments: what you need to know
  • Managing opposing beliefs: what employers can learn from two recent cases
  • Medical reports and disability: don’t rely on the report that says what you want to hear and ignore those that don’t
  • New tribunal compensation limits in force from April 2025
  • March 2025: news in brief

February 2025

  • Conflicts of belief in the workplace: five practical tips from Higgs v Farmor’s School
  • Understanding injury to feelings awards in discrimination claims: helpful guidance from the EAT
  • Is this sexual harassment? Five real-life cases 
  • Can you sack an employee if they’ve lied on their CV (even if it’s only a little bit)?
  • Neonatal care leave and pay: all you need to know
  • February 2025: news in brief

January 2025

  • Employment law changes 2025: guide for HR and line managers
  • Banter or sexual harassment? What lessons can employers learn from the Greg Wallace saga?
  • The top employment law cases to look out for in 2025
  • Tribunals given power to increase compensation where employers have not followed statutory codes of practice
  • Will employers have to provide paid leave to staff who are victims of domestic abuse?
  • National Minimum Wage: new report reveals that too many employers are still underpaying their staff
  • Podcast: The Employment Bill – what do we know about zero-hour contracts?
  • January 2025: news in brief

December 2024

  • How to strike the right balance when contacting employees who are off sick
  • Do you use 'protected conversations' as way of trying to agree exit terms?
  • Employment Rights Bill: is even more change on the way?
  • Will the government's new plans get Britain working again?
  • Jury service: your questions answered
  • December 2024: news in brief

November 2024

  • Breaking News: employees will have six months to bring claims in an Employment Tribunal
  • The duty to prevent sexual harassment: have you risk assessed your Xmas party?
  • What is a woman (or a man)?
  • Employment Rights Bill: new report criticises government’s £5bn annual cost estimate
  • Flying flags and ticking boxes: is your EDI strategy doing more harm than good?
  • Listen now: The Employment Bill - A focus on other dismissals
  • November 2024: news in brief

October 2024

  • At a glance: what’s in the Employment Bill?
  • The Employment Bill has landed: what does it say about unfair dismissal as a day one right?
  • What’s changed? EHRC guidance on preventing sexual harassment at work
  • Substantial increases to the NMW are coming
  • Does an employee have to exhaust the grievance procedure before they can claim unfair dismissal?
  • Podcast – unfair dismissal under the Employment Bill
  • October 2024: news in brief

September 2024

  • Breaking: Labour government won't implement existing right for workers to request predictable hours
  • Making age-related assumptions about a job candidate lands another employer in trouble
  • Is a belief in English nationalism protected under the Equality Act 2010?
  • Why did the Supreme Court prevent Tesco from firing and rehiring staff who refused to accept new terms?
  • September 2024: news in brief

August 2024

  • Employees will be able to claim additional compensation if their right to disconnect is “repeatedly” breached
  • When are you legally required to allow an employee to withdraw their resignation?
  • Positive action v positive discrimination: how to avoid crossing the (thin blue) line
  • 'XYchromosomeGuy' who objected to his employer's pronouns policy was fairly dismissed
  • Listen now: Criminal allegations, convictions and unfair dismissal
  • August 2024: news in brief

July 2024

  • Buckle up: employment changes are coming thick and fast
  • Are you prepared for the new duty to prevent sexual harassment at work?
  • Standby or on-call: are your employees working or resting?
  • Job ads: can you lawfully limit applications from people with or without a particular characteristic?
  • Managing staff who become social influencers: five tips for employers
  • July 2024: news in brief

June 2024

  • Which proposed employment law changes will survive the general election?
  • Labour’s plan to make work pay: key issues for HR and businesses
  • Rape crisis centre deliberately harassed and unfairly dismissed counsellor who voiced gender critical beliefs
  • Will it really take 45 years to close the gender pay gap?
  • Listen now: changing terms and conditions - do you know your rights?
  • June 2024: news in brief

May 2024

  • Do you need to re-think your D&I strategy? Independent review concludes employers are wasting thousands on ineffective training
  • Flexible working requests: failure to consider impact of menopause discriminated against female employee
  • Employee with ADHD and PTSD awarded £4.5 million compensation after being dismissed for failing her probationary period
  • Paying staff tips: government publishes further advice for employers
  • Supreme Court: lack of protection for striking workers in UK is incompatible with their convention rights
  • Listen now: workers' rights under a Labour government
  • May 2024: news in brief

April 2024

  • How far do you have to adjust your promotion procedure to accommodate a disabled applicant?
  • Do you have to excuse poor behaviour from an employee with a mental health problem?
  • How can employers better support autistic employees in the workplace?
  • Discrimination: increases to injury to feelings awards
  • Responsible AI in recruitment: government issues new guidance for employers
  • Podcast: redundancies – the tricky bits
  • April 2024: news in brief

March 2024

  • What employers need to know: new employment rates in force from April 2024
  • Anti-Zionist beliefs are protected under the Equality Act 2010
  • Have you budgeted for increased holiday pay costs?
  • Should employers carry out a general workforce consultation even if they are making less than 20 people redundant?
  • Changes to the immigration rules coming into force in April 2024
  • Listen now: flexible working: how can you get it right?
  • March 2024: news in brief

February 2024

  • Can you legitimately turn down an employee's request to work exclusively from home? (irwinmitchell.com)
  • Will claimants have to pay to bring an employment tribunal claim? (irwinmitchell.com)
  • Failure to provide a toilet for the exclusive use of women = sex discrimination (irwinmitchell.com)
  • What's changed? Acas publishes revised Code of Practice on requests for flexible working (irwinmitchell.com)
  • The pension pay gap: what needs to change to give women parity with men? (irwinmitchell.com)
  • Holiday pay: what are the new rules and what do I need to do to be compliant?
  • February 2024: news in brief

January 2024

  • The top five employment cases that will shape 2024
  • Should employees be able to express their lawful views at work? Acas gets into murky waters
  • Welcome changes to IR35 rules will introduce set-off mechanism to prevent overpayment of tax
  • Can parties validly agree to settle future employment claims via settlement agreements?
  • Transgender worker loses harassment claim over name change on rota
  • Deliveroo worker status judgment: implications for other employers
  • Listen now: employment law: what’s coming up in 2024?
  • January 2024: news in brief

December 2023

  • Employment law changes 2024: guide for HR and line managers
  • Redundancy: withholding statutory redundancy pay where an employee unreasonably refuses a suitable alternative job offer
  • New national minimum wage rates set to increase by over a pound an hour for all age groups
  • Equal Pay Day 2023: five tips for employers on closing your organisation's gender pay gap
  • Laddish culture costs Lidl £50,000 after female employee wins sexual harassment case
  • Flexible working requests will become a day one right from Saturday 6 April 2024
  • Listen now: swearing in the workplace
  • December 2023: news in brief

November 2023

  • King’s Speech 2023: what employers need to know
  • New changes to holiday accrual and pay, record keeping and TUPE consultations in force from 1 January 2024
  • Equality Act 2010: five new amendments HR need to know about
  • Profanity and prejudice: using gendered derogatory language towards a trans woman can amount to direct discrimination
  • Boardroom diversity declines in top UK companies, despite positive ESG progress
  • November 2023: news in brief

October 2023

  • Breaking: Supreme Court demolishes technical legal arguments which employers have relied on to limit holiday pay liabilities
  • When is an employer legally responsible for sexual assaults (and other types of criminal activity or negligence) committed by work placement students?
  • Menopause: What the latest CIPD survey shows
  • Workers get a new right to request predictable working hours
  • Listen now: relationships in the workplace
  • Employment Tribunal Merits Review – Fixed Fees
  • October 2023: news in brief

September 2023

  • New deal for working people: Labour’s top 10 policies revealed
  • Navigating GDPR: A comprehensive guide to ensuring compliance
  • Direct Line ordered to pay menopausal employee £65,000 after failing to adjust its performance management processes
  • How do you solve a problem like Accrual?
  • Apprenticeship contracts: six expensive traps for the unwary
  • Listen now: everything you need to know about performance management
  • September 2023: news in brief

August 2023

  • HR professional asked to do the laundry following maternity leave awarded £18,000 for injury to her feelings
  • Government waters down proposed new duty to prevent sexual harassment at work
  • Government abandons legislation that would have protected staff from third party harassment
  • Fixed recoverable costs in commercial litigation: a blessing or a curse?
  • New law brings fairness to the table: staff must receive the tips they’ve earned
  • Listen now: maternity discrimination in the workplace
  • August 2023: news in brief

July 2023

  • Breaking news: employers can't engage agency staff to cover striking workers
  • Another warning to employers: recognise that gender critical beliefs are protected under the Equality Act or prepare to be sued
  • Holiday pay: can you pay less than a 'week's pay' on termination?
  • Do you want a more diverse workforce? New government guidance explains how to take positive action and stay on the right side of the law
  • New BSI standard for employers wanting to support menstruating and menopausal staff
  • Growing number of Employment Tribunal cases cite menopause as a contributing factor
  • Listen now: stamping out sexual harassment in the workplace
  • July 2023: news in brief

June 2023

  • Beyond #MeToo: the reputational risks of turning a blind eye to sexual relationships between (some) colleagues
  • Free speech, protected beliefs and discrimination: EAT lays out the ‘ground rules’ that apply in the workplace
  • Catch up now: banter – making or breaking barriers?
  • Listen now: how can employers deal with complaints where there is a conflict of equally lawful views?
  • Whistleblower wins claim against bank
  • Mental health and reasonable adjustments: what does the new Acas guidance recommend?
  • June 2023: news in brief

May 2023

  • What rights do trans people have in the workplace?
  • Proposed changes to the post-Brexit employment law landscape: how much ‘red tape’ will disappear?
  • New guidance for employers wanting to report on their ethnic pay gaps
  • Government pours water on its "bonfire of employment rights" as reality dawns
  • Co-op introduces new compassionate leave policy
  • Podcast: what are the employment issues related to social media?
  • May 2023: news in brief

April 2023

  • Don’t get caught out: not all settlement negotiations are protected by the without prejudice rule
  • Employee who handed in her keys and said “I’m done” did not resign
  • Budget 2023: four employment-related changes
  • April rate increases employers need to know about
  • Discrimination: increases to injury to feelings awards 2023
  • Is diversity and inclusion the key to unlocking growth and productivity in the UK?
  • Podcast: everything you need to know about the four day working week
  • April 2023 news in brief

March 2023

  • How likely are you to get the right candidate if your job advert requires someone prepared to ‘live and breathe’ the job?
  • Three important lessons learned from the success of the four-day working week trial
  • Menopause leave rejected by government for being too ‘left wing’
  • New statement of changes to the immigration rules: what you need to know
  • Tempted to give the names of striking employees to clients or customers? Read this first
  • Hidden disabilities in the workplace
  • March 2023 news in brief

February 2023

  • Government rejects key proposals from ‘menopause and the workplace’ report
  • New proposals will give casual workers the right to ask for a predictable work contract
  • Cost of living: can’t afford to give employees a pay rise? Here’s how you can help
  • Dangerous workplaces: Court of Appeal explains when an employee can refuse to come into work
  • What other employers can learn from McDonald's legal commitment to eliminate sexual harassment from its restaurants
  • Do you have to pay staff if you can't operate your business due to energy blackouts?
  • Podcast: What should employers consider when managing ill-health?
  • February 2023 news in brief

January 2023

  • Employment law changes 2023: guide for HR and line managers
  • The top five employment cases that will shape 2023
  • New plans will allow employers to pro-rate holiday for term-time and casual workers
  • Is an employee’s support of a particular football club a protected belief under the Equality Act?
  • January 2023 news in brief

December 2022

  • Five reasons to remind your staff to behave during the festivities
  • Why you should include micro-aggression in your diversity and equality training (and how to do it)
  • Can you refuse to employ someone because they have visible tattoos?
  • Recruitment: should the role of a ‘period dignity officer’ go to a woman?
  • Podcast: The right to request flexible working from day one
  • December 2022 news in brief

November 2022

  • Pregnant women and new parents to get added protection against being made redundant
  • World cup 2022: eight workplace issues HR need to be aware of
  • Do you need to introduce an IVF policy?
  • IR35: HMRC wins ‘kickabout’ in Court of Appeal
  • Strikes: government set to introduce minimum transport service levels to ensure people can get to work and children to school
  • November 2022 news in brief

October 2022

  • Brace yourself: new bill may fundamentally change employment law by the end of 2023
  • Forget the 'great resignation': quiet quitting is in vogue (and it's bad news for employers)
  • Can employers insist that staff use other people's preferred pronouns?
  • Menopause: new report urges NHS to provide health checks for women
  • Acas publishes new guidance on staff suspensions
  • Employment Talk: The HR Issues Affecting You podcast
  • October 2022 news in brief

September 2022

  • Queen’s death: employers guide to the bank holiday
  • Our holiday pay webinar: more questions answered
  • CEO who lied about his qualifications and experience forced to repay some of his earnings
  • Breastfeeding: what are an employer’s legal responsibilities?
  • Cost of living crisis: union calls on government to increase National Minimum Wage to £15.00 per hour
  • Designer refused promotion awarded £85,000 for age discrimination
  • September 2022 news in brief

August 2022

  • Holiday entitlement and pay of term-time and other part-year workers: top 10 questions answered
  • Can staff express gender critical beliefs if they upset or conflict with the views of their colleagues?
  • 80% work for 100% pay: what you need to know about the four-day working week
  • What can employers learn from the latest case on gender-critical discrimination?
  • Employment legislation update
  • Airport chaos: what options do employers have if holiday plans go awry?
  • August 2022 news in brief

July 2022

  • Government set to introduce new legislation to allow temporary agency staff to cover striking workers
  • Long COVID and disability: what HR need to know
  • Unlawful inducement: how to stay on the right side of the law
  • Feeling hot, hot, hot: what’s the maximum legal temperature staff can work in?
  • Managing shift workers: how to avoid legal pitfalls
  • July 2022 news in brief

June 2022

  • The bald truth: can making a derogatory remark about a man’s lack of hair amount to harassment related to sex?
  • Do you need to introduce a period policy?
  • Employee nicknamed “half-dead Dave” awarded £13,000 for injury to his feelings
  • How to upskill line managers on employment law
  • June 2022 news in brief

May 2022

  • Five free resources to help your organisation support peri-menopausal and menopausal staff
  • Redundancy: employer using ’focus’ as part of selection criteria discriminated against mother of four
  • EAT decides that employee who took voluntary redundancy could claim unfair dismissal
  • Shift patterns, childcare and indirect sex discrimination claims
  • Queen’s speech 2022: what are the implications for employment law?
  • May 2022 news in brief

April 2022

  • New guidance on self-isolation and reducing the spread of COVID-19
  • New report reveals worrying lack of menopause action in the workplace
  • Computer says no: unpicking the employment risks of AI
  • Government rejects compulsory ethnic pay gap reporting
  • April 2022 news in brief

March 2022

  • Gender pay gap bot exposes gap between reality and rhetoric
  • End of COVID-19 rules: what employers need to know
  • New public health advice for people with COVID-19 and their contacts
  • What's the best way to deal with a serial complainer?
  • Are you liable for practical jokes that go wrong?
  • March 2022 news in brief

February 2022

  • Court of Appeal makes it harder for employers to defeat holiday pay claims
  • Boss harassed sales assistant by asking if she was menopausal
  • The end of Plan B: what does living with COVID-19 mean for employers?
  • Can you dismiss an employee for refusing to be vaccinated against COVID-19?
  • COVID-19: employee who was sacked after raising health and safety concerns was protected under whistleblowing legislation
  • February 2022 news in brief

January 2022

  • Employment law changes 2022: guide for businesses
  • Ten most important employment law cases of 2021
  • Can you reduce contractual sick pay for unvaccinated members of staff?
  • Changes in rules on self-isolation: employers questions answered
  • Fear of COVID-19 not protected under UK discrimination law
  • Employee unfairly dismissed for raising safety concerns on the day of the first lockdown
  • January 2022 news in brief

December 2021

  • Omicron: new advice on working from home
  • The Omicron variant: employers questions answered
  • Knowledge and disability: what should you do if you find out someone is disabled after you've dismissed them?
  • Changing terms and conditions of employment: Acas provides new guidance
  • Court of Appeal examines employment status and substitution clauses in another 'gig' case
  • December 2021 news in brief

November 2021

  • Employment contract wording error about PHI benefits costs employer over £29,000
  • Supreme Court considers whether employers can lawfully make direct offers to staff when collective bargaining fails
  • Damning report reveals over 40% of women experience sexual harassment at work
  • Government explains how new right to take carer's leave will work
  • 'Fowl' investigation costs employer over £5k
  • Supreme Court applies brakes to compensation claims for data breaches
  • November 2021 news in brief

October 2021

  • Government starts consultation on making flexible working the default position
  • Employer loses discrimination claim after sacking two male directors to reduce its gender pay gap
  • Do you have to give an employee the opportunity to appeal against their dismissal if they are made redundant?
  • Is the government going to compel large employers to report on their ethnic pay gaps?
  • October 2021 news in brief

September 2021

  • Reasonable adjustments: do you have to maintain the pay rate of a disabled employee who has moved to a lower paid job?
  • Significant increase in the number of women bringing claims linked to the menopause
  • Government's vision to transform disabled peoples' working lives: will anything change?
  • Labour Party announce plans to improve employment protection for workers (if it gets into power)
  • September 2021 news in brief

August 2021

  • Self-isolation, COVID-19 vaccinations and GDPR: employers’ questions answered
  • Do you have to consider furlough as an alternative to redundancy? 
  • Tribunal says employers aren’t obliged to continue to furlough staff
  • Flexible working policies: indirect discrimination and the childcare disparity
  • New duty on employers to prevent sexual harassment at work
  • New list ‘names and shames’ 191 employers underpaying staff the National Minimum Wage
  • August 2021 news in brief

July 2021

  • Legal requirement to wear masks, follow social distancing rules and work from home end on 19 July 2021
  • What should you do if you discover that an existing employee hasn't applied for settled or pre-settled status?
  • COVID-19: Employee who refused to return to work to protect his vulnerable father was unfairly dismissed
  • When trouble at work is brewing
  • Right to work checks - a trap for the unwary
  • July 2021 news in brief

June 2021

  • Twelve things to consider before you implement an agile/hybrid working policy
  • Employee who asked to be furloughed because of fears about COVID-19 was not unfairly dismissed
  • Sending a pregnant woman home during COVID-19 lockdown was not maternity discrimination
  • A belief that men and women can’t change their biological sex is protected under the Equality Act 2010
  • Right to work checks - a trap for the unwary
  • June 2021 news in brief

May 2021

  • Why you should treat menopause as a business issue 
  • Holidays abroad – your questions answered
  • Employee who refused to work from home because he believed his workplace posed a ‘serious and imminent’ danger loses unfair dismissal claim
  • EU settlement scheme: what options do your staff have if they miss the deadline?
  • Do home workers need a ‘right’ to disconnect?
  • May 2021 news in brief

April 2021

  • Supreme Court rules that workers providing sleep-in shifts aren’t entitled to the National Minimum Wage
  • Employment Appeals Tribunal starts to diffuse the holiday pay time bomb
  • COVID-19: employee who refused to wear a mask was fairly dismissed
  • Another tribunal finds that menopausal symptoms amount to a disability
  • April 2021 news in brief

March 2021

  • Roadmap out of lockdown – implications for employers
  • Worker or self-employed contractor? Supreme Court clarifies law in landmark Uber case
  • Three reasons why you need a strategy to protect your staff against verbal abuse by customers
  • Can EU staff obtain settled status if they returned to their homeland during COVID-19?
  • March 2021 news in brief

February 2021

  • Changes to IR35 are coming - eight tips to help you prepare
  • Furlough: new rules for calculating the pay of variable hours' workers
  • Seven things to consider if your employee ants to work from home (and home is outside the UK)
  • How often do you train your staff on equality and discrimination
  • February 2021 news in brief

January 2021

  • Employment law changes 2021: guide for businesses
  • Should you furlough staff who are having to home school their children?
  • No vaccine, no job? Can you insist your staff take the COVID-19 vaccine?
  • Long COVID – implications for employers
  • News in brief

December 2020

  • Clinically extremely vulnerable people can return to work
  • Furlough fraud – government clarifies how ‘naming and shaming’ will work
  • Bullying: should you excuse the behaviour of someone who says they didn’t mean to upset colleagues?
  • The top five employment cases that will shape 2021
  • News in brief

October 2020 

  • New guidance on the Job Support ‘open’ and ‘closed’ schemes
  • Why did an employment tribunal order an ex-employee to pay £432,000 towards his employer’s costs?
  • Right to work checks post Brexit
  • Employee privacy in the spotlight
  • News in brief

September 2020

  • Job Support Scheme – the details
  • Returning to work: Government moves the goalposts again
  • Coronavirus: FAQs about self-isolation, test and trace, and statutory sick pay
  • New 'Kickstart' scheme open to employers
  • News in brief

August 2020

  • Quarantine – how to deal with staff returning from holidays abroad
  • Updated FAQs about making furloughed staff redundant
  • Overclaimed furlough grants? If you don’t own up HMRC could name and shame you
  • Whistleblowing: why are claims increasing and what’s the best way to respond?
  • News in brief

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Fergal Dowling
Fergal Dowling Managing Partner - Business Services Group Meet the team

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