Employment

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill receives its first reading

Introduced in the Lords, Bill seeks to provide safeguards against 'fire and rehire' practices

Round-up of recent Employment Appeal Tribunal case law

Number of employment tribunal cases outstanding continues to rise, driven by receipts repeatedly outstripping disposals

New MoJ figures also show a decreasing number of receipts in the three months to April 2022, reflecting a tapering off following large rise in claims in 2020/2021

House of Lords votes in favour of motion regretting that regulations amending immigration provisions in relation to employment and housing do not allow for physical proof of immigration status

While government says that the move towards digital is 'justified and proportionate', peers vote in favour of motion by 159 to 95

Round-up of recent Employment Appeal Tribunal case law

Petitions Committee calls for government to clarify its plans for new parents’ employment rights in the absence of an Employment Bill in the Queen’s Speech

Committee seeks update from Business Secretary almost two years since it first recommended that changes be brought forward in a Bill or 'standalone' legislation

DWP underspent 2021/2022 Kickstart budget by more than a third

Minister confirms that almost £655 million has already been returned to the Treasury with any further balance to be paid at the year end

Round-up of recent Employment Appeal Tribunal case law

Acas survey finds that more than one in five employers plan to make Covid-19 vaccination a condition of employment

However, Chief Executive advises that employers should support staff to get a vaccine rather than insisting on it, and should get legal advice before adopting vaccine policy

Bill providing right to statutory paid leave for employees who are victims of domestic abuse in Northern Ireland receives Royal Assent

Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022 requires Department for Economy to make regulations entitling victims of domestic abuse to at least ten days of 'safe leave' in each leave year

Round-up of recent Employment Appeal Tribunal case law

Removal of exception in Northern Ireland employment equality legislation that allows schools to lawfully discriminate on the grounds of religious belief in the appointment of teachers

Having received Royal Assent on 12 May 2022, the Fair Employment (School Teachers) Act (Northern Ireland) 2022 now enables the Executive Office to make regulations to remove 'teachers' exception'

Government launches review that will look at how to build on the ‘good’ flexibility in the gig economy, while ensuring sufficient protections are in place to prevent exploitative practices

Future of Work Review will also consider the role of automation and the importance of local labour markets in creating employment

National minimum wage and national living wage enforcement activities in 2020/2021 identified more than £16 million in underpaid wages owed to workers

New government report concludes that HMRC delivered ‘strong’ enforcement results in a year significantly impacted by the Covid-19 pandemic

Equality and Human Rights Commission advises that whether long Covid amounts to a disability for Equality Act purposes will depend on the circumstances of individual cases

Commission recommends that employers follow existing guidance when considering reasonable adjustments and access to flexible working for those with long Covid

Government launches consultation on legislation to ensure that seafarers are paid equivalent of national minimum wage when in UK waters

Views sought on scope of Harbours (Seafarers' Remuneration) Bill that was announced in yesterday's Queen's Speech

Employment Tribunal Presidents issue joint Practice Direction on taking oral evidence by video or telephone from people located abroad

Guidance issued in response to recent judicial consideration of the issue in the Upper Tribunal (Immigration and Asylum Chamber) case of Agbabiaka