Be Aware UK

News and views from DLA Piper's Employment team

Redundancy consultation and the reasonableness of dismissal

/ , , / Employment

At a glance In Haycocks v ADP RPO UK Ltd the EAT explored the interplay between reasonableness and consultation in a redundancy situation. A reasonable employer will seek to minimise the impact of a redundancy situation by limiting numbers, mitigating the effect on individuals or avoiding dismissal by engaging in consultation. General workforce consultation should …

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What does AI and technology mean for the employment sphere?

/ Employment

When we connect artificial intelligence (AI) and technology in the workplace, often one of the first things that springs to mind is robots replacing workers and our jobs. Whether that’s a misconception remains to be seen, but one thing for sure is that in recent years we have experienced a technological revolution in the workplace …

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Amendments to Working Time Regulations and TUPE from January 2024

/ Employment

At a glance Government response to consultations on proposed amendments to Working Time Regulations (WTR) and TUPE published. Irregular hours and part-year workers will accrue holiday at 12.07% of hours worked. Rolled-up holiday pay will be permitted for irregular hours and part-year workers, but employers will be required to calculate it based on a worker’s …

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Administrator – “officer of the company”? The risk of criminal liability under the Trade Union and Labour Relations (Consolidation) Act 1992

/ Employment

R (ON THE APPLICATION OF PALMER) V NORTHERN DERBYSHIRE MAGISTRATES COURT AND ANOTHER [2023] UKSC 38 Insolvency practitioners will welcome the Supreme Court’s recent decision that an administrator of a company appointed under the Insolvency Act 1986 (IA) does not fall within the ambit of section 194(3) of the Trade Union and Labour Relations (Consolidation) Act …

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Worker Protection (Amendment of Equality Act 2010) Act receives Royal Assent

/ , / Reform

  At a glance The Worker Protection (Amendment of Equality Act 2010) Act 2023 received Royal Assent on 26 October 2023. The Act introduces a duty on employers to take reasonable steps to prevent sexual harassment of their employees in the workplace. It will come into force one year after the day on which it …

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Holiday pay: Supreme Court in Agnew increases employers’ potential liability for underpaid holiday pay

/ , , / Employment

The Supreme Court has handed down judgment today in Chief Constable of the Police Service of Northern Ireland and another v Agnew and others. The judgment has significant implications for liability for underpaid holiday pay for employers, although its impact in Great Britain is mitigated by the legislation which created a two-year backstop for such …

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UK immigration update: Increases to immigration fees

/ , , / Employment, Immigration

  On 15 September 2023,  the UK government published changes to immigration fees that will come into effect on 4 October 2023. We have summarised the relevant fee changes below. Visa fee increases Fee category Current fee New fee Fee increase Certificate of Sponsorship (payable for all new Skilled Worker or Global Business Mobility visas) …

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High Court quashes Regulations permitting cover by agency workers during strikes

/ Employment

In July 2022, the Government changed the law to allow businesses impacted by industrial action to fill the roles of striking staff with temporary workers.   The High Court has now decided that the 2022 Regulations implementing this change were unlawful and, as result, will cease to have effect from 10 August 2023.   From that date, …

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Post-Brexit regulatory reform of employment law

/ Brexit, Employment, Reform

Following last week’s publication of its policy paper “Smarter regulation to grow the economy”,  the Government has now published a consultation on retained EU employment law and a response to its consultation on reform of non-compete clauses. Consultation on retained EU employment law The consultation paper confirms the Government’s intention to retain the UK’s strong …

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Government publishes guidance on voluntary ethnicity pay reporting

/ , , , , / Employment

UPDATE: On 13 July 2023, the government also published its response to consultation on ethnicity pay reporting, again confirming that the government will not be legislating to make ethnicity pay reporting mandatory at this stage. Just over a year after the government confirmed that it would not introduce a legal requirement for employers to publish …

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Government rejects opportunity to make menopause a protected characteristic

/ , , , , , / Employment

In July 2022, the Women and Equalities Committee published a report making a number of recommendations for the further protection of individuals affected by the menopause.  On 24 January 2023, the government published its response to the recommendations and, in a move which will be seen by many as disappointing and a missed opportunity, has …

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Fire and rehire: Government publishes consultation on Code of Practice on Dismissal and Re-engagement

/ , , , , / Employment

The practice of so-called firing and rehiring has attracted much negative attention in recent years, leading to a promise by the government in early 2022 to create a new statutory Code of Practice for employers to follow when considering the dismissal and reengagement of employees.  Today, the government has published a consultation paper on this …

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Consultation on proposals to change holiday calculation for part-year workers (Harpur Trust v Brazel)

/ Employment

The Government has published a consultation paper on proposals to deal with the impact of the Supreme Court’s decision in Harpur Trust v Brazel that employers cannot calculate holiday pay for part-year (eg term time) workers as 12.07% of the hours worked. Part-year workers are instead entitled to 5.6 weeks of paid annual leave calculated …

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Hybrid/home working post-pandemic: Is it still meeting the needs of your business? Responding to flexible working requests

/ Employment

During 3 years of pandemic turmoil, the working patterns of many employees changed dramatically as businesses and workers responded to the unprecedented crisis situation. Now, as a new year commences, and a new post-COVID era establishes itself, many employers will want to take stock and assess whether their pandemic working arrangements still meet the needs …

Hybrid/home working post-pandemic: Is it still meeting the needs of your business? Responding to flexible working requests Read More »

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