Matt’s Employment Law and HR Update

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk

The first of a series of podcasts where we look forward to 2024 and the key legislative changes that are already confirmed as happening, a look at others that could happen in 2024 or in the future.  

We will also look at the key cases that are coming in 2024 that could make important changes or provide important clarification on key areas of employment law. 

This episode looks at the implementation of the Worker Protection (Amendment of Equality Act 2010) Act 2023 which introduces a pro-active duty on employers to prevent sexual harassment in the workplace.  

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk

There has been much discussion over the use of 'fire and re-hire' by employers over recent months and years. Unions have sought (and obtained) injunctions to prevent employers dismissing and re-engaging (Tesco) and there have been other campaigns by trade unions about the threat that such practices have to the terms and conditions of employees (British Gas).

These two relatively high profile cases (Tesco and British Gas) occurred before the case of P&O which was very widely reported. The P&O case wasn't technically a fire and re-hire situation as P&O did not re-hire the same employees back on different terms and conditions, they simply recruited new employees outside of the UK.

But the P&O case was a real driver for change. It provided an opportunity to the Unions to really challenge the government on the lack of protection for workers from dismissal in circumstances where the employer wished to change terms and conditions of employment. Politically, the government was under pressure to react and rather than implement legislation, they agreed to publish a Code of Practice, the draft of which has now been published.

In this episode we look at the legislative environment in which organisations can change terms and conditions of employment, the risks, the pitfalls and how this new Draft COP may change things.

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk

In this episode we discuss the developments in employer practice relating to flexible working plus the recent government consultations and the newly proposed Employment Relations (Flexible Working) Bill 2022-2023.

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk

A Private Members Bill is currently working its way through Parliament that could require all employers to take proactive steps to eliminate sexual harassment in the workplace.  The Bill (the Worker Protection (Amendment of Equality Act 2010) Bill) will require (if passed) employers to take all reasonable steps to prevent sexual harassment.  

This is a marked step forward in discrimination legislation.  Currently, employers only need to show that they have taken "all reasonable steps" if they defend a claim in a tribunal.  In the absence of that, employers can do....well, nothing....if they choose to.

Enforcement is likely to be by the Equality and Human Rights Commission and further failure to comply with this requirement will also lead to an increase in compensation at tribunal by up to 25% - in the same way that is currently the case with the ACAS Code of Practice for unfair dismissal cases.

The legislation is also looking to reintroduce third party harassment - but only 1 "strike" will be required this time, instead of the 3 that were required when the first attempt was made at this in 2010.  

The Bill has the final reading in the House of Commons on 3 February 2023 and will then move to the Lords.  Very importantly, it has the backing of the government.

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk

This episode looks at the campaign by the Right to Disconnect UK to provide employees in the UK with the right to disconnect from work when outside of their normal working hours.  We look at the legislative changes that the campaign is proposing as well as the current rights given to employees in France, Italy and the Philippines.  The Irish government is also currently consulting on this topic and has published helpful guidance which is available from www.workplacerelations.ie

And of course, if you need any help in implementing any 'disconnect' policy or system for your organisation, then do get in touch!  Just email us at [email protected]

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk

Back in 2019 the government published a consultation on sexual harassment in the workplace, largely in response to the #metoo movement and widespread criticism of the current level of protection for employees and workers in the workplace.  Now, some 2 years later the government has finally published its response to this consultation.  

This podcast looks at what changes may be made to legislation in the coming months and years - specifically the positive duty that will be placed on employers to take steps to prevent harassment.

We still await the outcome of another consultation about the use of confidentiality clauses in settlement agreement in relation to sexual harassment.

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk

The focus of this episode is on the recent decision in the Employment Tribunal in the case of Taylor v Jaguar Land Rover.  We look at whether the Claimant is effectively protected from discrimination because she identified as gender fluid by section 7 of the Equality Act 2010 which requires an individual to be "undergoing a process" of gender reassignment.  We go on to discuss the key take-aways from this case and how many employers need to 'up their game' in respect of gender identity in the workplace.  

To read the full decision: EMPLOYMENT TRIBUNALS (publishing.service.gov.uk)

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk

This episode provides a summary of the EU Settlement Scheme and the new points based immigration scheme.  We also provide an update on the latest changes to Immigration following publication by the Home Office on the 4 March 2021 of a "Statement of Changes".  The changes made include the introduction of a new graduate route, a global talent scheme and changes to the Shortage Occupation List (SOL) including a "vent chick sexer".  Yes, you read that correctly, a vent chick sexer.  

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk

This episode looks at the recent publication of a government report and open letter to employers calling on them to provide greater support to victims of domestic abuse in the workplace.  This comes shortly after recent guidance has been published by the CIPD and EHRC and also as the Domestic Abuse Bill 2019-2021 progresses through Parliament.  

What steps do employers need to take now and in the future to provide a safe workplace for their employees and to avoid the cost of lost productivity and increased absence?

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.

If you would like us to advise you on a particular issue then please get in touch with us at [email protected]

If you are an employer, we offer fixed price arrangements for support and advice. So if you want certainty about your legal spend whilst also getting top notch advice, then just ask us to quote for your business. If you need insurance backed support we can provide this as well.

In addition to legal advice, Matt also offers HR and Employment Law Training through his partner business: Brightstar HR. Please have a look at all the training offered here: www.brightstarhr.co.uk