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The Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force on 26 October 2024, introducing a new duty for employers to take ‘reasonable steps’ to prevent sexual harassment at work. Accompanied by technical guidance issued by the Equality and Human Rights Commission (EHRC), employers will be obliged to take a much more hands-on approach than has been required to date. This blog provides an overview of the new duty, and details what employers should be doing to ensure they do not fall foul of the new law.Continue Reading New duty to prevent sexual harassment: 12 things UK employers need to know

The government’s plans for unfair dismissal to become a day-one right (subject to reasonable use of probationary periods) create an uncertain time for employers, particularly those currently taking on new hires or entering into fixed term contracts. While we await detail of the government’s plans, we take a brief look at the history of the qualifying period and the transitional arrangements which have applied, the latter potentially indicative of what the arrangements will be this time around.

The right not to be unfairly dismissed has been part of established UK employment law since 1971 and is currently legislated for in the Employment Rights Act 1996. Although there are some exceptions, the right has always been subject to a qualifying period of service, i.e., that the employee must have been working for their employer for a prescribed period of time before they have unfair dismissal rights.Continue Reading Transition arrangements for a change in unfair dismissal qualification

The most significant UK employment law reform for 30 years includes radical plans for unfair dismissal rights to be available from day one of employment. When this was announced before the election, the government indicated that this would not prevent the “fair and transparent” use of probationary periods to assess new hires, and the Financial Times reported last week that employers will be able to engage new staff on probationary periods of up to six months, allowing them to be dismissed more easily in this time. 

This, naturally, raises the question as to how a six-month probationary period will sit alongside a day-one right. The answer to that question remains unclear. Continue Reading Day-one unfair dismissal rights and a six-month probationary period – how will that work?

With the Euros kicking off on 14 June, people all over the UK and Europe are discussing strikers. While most in England are debating whether it should be Ivan Toney or Ollie Watkins as first-choice deputy for Harry Kane, in the employment law world we have been focusing on the strikers at the heart of an important new Supreme Court decision in Secretary of State for Business and Trade v Mercer.

In Mercer, the Supreme Court was asked to consider whether an employee is protected from retaliation if their employer suspends or disciplines them in an effort to deter them from going on strike, and whether or not section 146 TULRCA 1992 really protects employers rather than employees.Continue Reading Striker! Does UK law adequately protect an employee’s right to strike?

Paternity leave has not been forgotten in the swathe of family related legislative changes taking effect in April 2024. However, anyone hoping for significant changes will be disappointed. The changes are limited to improving flexibility for eligible employees wanting to take the existing right to two weeks of statutory paternity leave. There is no increase…

The practice of fire and rehire has hit the headlines and been the topic of political debate in recent years. While the current UK government has rejected calls to outlaw entirely the practice, in early 2022 it committed to introducing a statutory code of practice to set out expected standards of behaviour and best practice.

Our blog from 13 February 2023 considered the draft code as the consultation was launched. We now provide an update on the content of the new Code and explores some challenges and tips for employers faced with navigating a change of terms and conditions once the Code comes into force, including the punitive sanctions for non-compliance, as well as a look ahead to what might change if we have a change to a Labour party government in the next 12 months.Continue Reading Developments with the UK’s ‘fire and rehire’ clampdown: what’s next?

After years of talk about improving the legal framework to promote more flexibility in the modern working environment, the UK is now on the cusp of changes to its statutory flexible working regime taking effect. Our blog post from August 2023 provides a background to reform and the changes as initially announced. We now provide an update on what is changing and when, and provide our top tips for employers preparing for and managing flexible working requests beginning in April 2024.

What are the current flexible working rules in the UK?

Under current statutory rules, employees with 26 weeks of continuous service have the right to request flexible working, typically seeking changes to their days, hours, pattern or place of work. The request must be made in writing and explain what impact the change would have on the employer and how this can be dealt with. Only one request can be made within a 12-month period, and employers should deal with the request within three months. There is no obligation on employers to accept a request for flexible working but must consider requests reasonably and only reject a request on the basis of one or more prescribed statutory grounds (such as the burden of additional costs, the detrimental effect on the ability to meet customer demand or performance/quality and an inability to reorganise work among existing staff).Continue Reading Flexible working reform in the UK – Are you ready for April?

Employers embarking on redundancy or restructuring exercises need to be aware of significant changes from 6 April 2024 to UK redundancy rules which give priority protection to employees on maternity, adoption and shared parental leave (SPL). The changes from 6 April mean that the period of priority protection will extend to 18 months and will also apply to pregnant employees from the day they notify their employer of their pregnancy. This is important because a failure to give priority protection can result in a redundancy dismissal being both automatically unfair and deemed discriminatory.

This blog explains the upcoming changes and considers issues arising and how employers can manage the impact. It also looks at the practical issues arising from a larger number of employees being given priority status.Continue Reading UK redundancy protection – significant changes from April 2024

One hundred years ago this month, in November 1923, Lord Hewart delivered a famous legal judgment on the principles of open justice, declaring it of fundamental importance that “justice should not only be done, but should manifestly and undoubtedly be seen to be done”. It is in that spirit of open justice that Employment Tribunals (ET) today remain open to the public and the content can freely be reported on in the press and media. As a result, when ET claims are issued, it is not uncommon for the parties to be anxious about who will have access to documentation that is presented to the ET in proceedings, and what they can do with it.

In light of a recent announcement that ET hearings will now be routinely recorded from November 2023, we take this opportunity to explore what “open justice” means in the context of online hearings, and who can see or hear what and when.Continue Reading UK Employment Tribunal: third party access to Tribunal pleadings and documentation

With the 2023 winter work party season upon us, company, location, or team level seasonal gatherings provide a chance for employers to thank staff for their hard work and for everyone to relax, socialise and have some fun with their colleagues. Yet without careful thought and planning, they can be problematic for employers who can find themselves faced with fallout from the festivities.Continue Reading Get the party started: avoiding HR issues at festive events