Employment

Round-up of recent Employment Appeal Tribunal case law

Workers to get more flexibility over where and when they work as Employment Relations (Flexible Working) Bill receives Royal Assent

New Act includes provision so that requests for flexible working can be made from day one and up to two requests can be made in a year

Strikes (Minimum Service Level) Act will help give the public access to the essential services they need, says government

Following Royal Assent, Business Minister says new legislation is an appropriate balance between the ability to strike and protecting lives and livelihoods

Business Committee Chair calls for government to ‘get a grip’ and get serious about enforcing workers’ rights

Comments follow government's failure to agree to Committee's recommendations to increase funding for labour market enforcement and reconsider introducing an Employment Bill in the upcoming King's Speech

Peers accept government amendment to Worker Protection Bill, that removes protections against third party harassment at work, in order to help the Bill move forward

Equality and Human Rights Commission urges government to reconsider and provide employers with the necessary clarity to ensure their workers are protected

High Court rules that government’s failure to consult on regulations that allow employers to use agency workers to replace striking workers was ‘unlawful and irrational’

Associated Society of Locomotive Engineers and Firemen & Ors, R v The Secretary of State for Business and Trade [2023] EWHC 1781 (Admin)

While Kickstart scheme often helped those with relatively good employability find work, those who faced more challenges struggled to find a suitable job

Evaluation of the scheme also reports that there were many 'teething issues' with jobcentre staff, employers and gateways particularly reporting problems around trying to get responses from the DWP about how to run the scheme

Government says that it has no plans to introduce mandatory ethnicity pay reporting

In consultation response published almost five years after call for views launched, government advises that it has instead produced guidance for employers on how to report voluntarily

Bill making provision in relation to workplace bullying receives first reading in House of Commons

Private Members' Bill includes provision to enable claims relating to bullying at work to be considered by an employment tribunal

Government launches new Health Adjustments Passport for disabled veterans

DWP and MoD say document will provide a transferable record of any workplace adjustments needed making it easier to transition into employment, progress within a workplace and move between jobs without the need for reassessment

Employment Tribunals President issues updated guidance on alternative dispute resolution and judicial mediation

New guidance includes protocols on approaches to encourage pre-hearing agreements by 'judicial assessment' and 'dispute resolution appointments' in addition to judicial mediation

Round-up of recent Employment Appeal Tribunal case law

Government announces plans to allow paternity leave to be taken up to a year after the birth of a child

Written statement to parliament also confirms proposal to allow fathers or partners to split their leave into two blocks of one week

Round-up of recent Employment Appeal Tribunal case law

International Labour Organisation’s intervention about provisions in the Strikes Bill is ‘hugely embarrassing’ for UK Ministers, says TUC

Union body highlights that UN labour watchdog's instruction to Ministers to 'seek technical assistance' from its staff does not support Ministers' repeated claims that the new measures have its full backing

Round-up of recent Employment Appeal Tribunal case law

Court of Appeal rules that ET’s refusal of claimant’s request to reconsider strike out judgment, caused solely by her representative’s negligence, showed ‘legal perversity’

Lynn Phipps v Priory Education Services Ltd [2023] EWCA Civ 652