Be Aware UK

Government rejects opportunity to make menopause a protected characteristic

25 January 2023 25 January 2023 / discrimination, diversity, Equality Act 2010, inclusion, menopause, protected characteristics / 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

24 January 2023 24 January 2023 / code of practice, dismissal, fire, reengagement, rehire / 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)

13 January 2023 13 January 2023 / 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

10 January 2023 10 January 2023 / 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 …

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Looking forward to 2023: What is coming up in employment law?

13 December 2022 14 March 2023 / Employment

As 2022 draws to a close, we look forward to what you need to have on your employment law radar in 2023. Although the much-trailed Employment Bill did not form part of the current Government’s legislative programme, it seems that many of the measures which would have been included may in any event become law …

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Government confirms plans for flexible working reforms

5 December 2022 5 December 2022 / flexible working / Employment

Over a year after consulting on proposed reforms to the statutory flexible working regime (see our September 2021 Be Aware article), the government has now published its response. The reforms were originally much publicised as aiming to make flexible working the default for all but, in practice, the changes fall short of this. In fact, …

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Embracing neurodiversity in business: how to support employees

23 November 2022 23 November 2022 / Employment, neurodiversity

In our last article, we continued our neurodiversity discussion with a focus on how businesses can make their products and services more accessible to neurodiverse customers, and the business case for doing so. This week, in our final article of this series, we look at legislation which impacts on neurodiversity in the workplace, as well …

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Embracing neurodiversity in business: how to support customers

16 November 2022 16 November 2022 / Employment, neurodiversity

In our article last week, we explored the nature of neurodiversity, alongside reports which suggest support for those who are neurodivergent is still wanting across the UK. We also outlined some of the reasons why this is a crucial area of consideration for businesses. In the UK, obligations on businesses go further than just supporting …

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Embracing neurodiversity in business: What you need to know

9 November 2022 9 November 2022 / disability discrimination, discrimination, neurodiversity / Employment, neurodiversity

Five years ago, in 2017, a Harvard Business School Professor opined in the Harvard Business Review that neurodiversity is a competitive advantage which employers should embrace within their workforces1. The Review’s article identified that the sometimes extraordinary skills of many neurodiverse individuals were not being tapped into by employers because of the traditional way in …

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Government reverses mini-budget employment-related tax measures

17 October 2022 17 October 2022 / Employment

The new Chancellor of the Exchequer Jeremy Hunt has today announced an almost total reversal of the various tax-related announcements made at the mini-budget on 23 September. From an employment perspective the only measure to survive is the reversal of the recent national insurance rate increase with effect from next month. This means that: No …

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Tax Alert: Repeal of IR35 Reforms

27 September 2022 28 September 2022 / employment status, IR35, tax / Employment

In delivering his mini-budget on 23 September 2022, the Chancellor announced a wide-ranging series of tax cuts and reforms, with a focus on incentivisation, investment and making Great Britain more competitive on the global stage. In a significant (and unexpected) U-turn, it was also announced that the reforms made to the IR35 off payroll working …

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UK mini-budget 2022

23 September 2022 26 September 2022 / budget, IR35, off-payroll working, tax / Tax

In delivering his mini-budget 2022 (referred to by the government as its “Growth Plan”), the Chancellor has announced a wide ranging series of tax cuts and reforms, with a focus on incentivisation, investment and making Great Britain more competitive on the global stage. Key employment and pensions related announcements include the following: IR35 In a …

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Employers take note: Modified right to work scheme is ending

14 September 2022 14 September 2022 / coronavirus, COVID, immigration, right to work / Employment, Immigration

An important date is looming for employers. On 30 September 2022, the COVID-concessionary modified right to work scheme is ending. It was temporarily introduced in March 2020 as a response to the Coronavirus pandemic and eased the burden on employers checking physical right to work documents in light of the work from home mandates from …

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Employment tribunal holds that barristers’ chambers discriminated against barrister due to her ‘gender critical’ philosophical beliefs

27 July 2022 27 July 2022 / belief, discrimination, philosophical belief / Employment

In Bailey v (1) Stonewall Equality Ltd (2) Garden Court Service Company (3) representatives of Garden Court Chambers, an employment tribunal has held that a barristers’ chambers, Garden Court Chambers, discriminated against a barrister, Allison Bailey, due to her protected belief that a woman is defined by her sex. Ms Bailey’s discrimination claim against Stonewall …

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Employment Status: Government consultation response published

26 July 2022 26 July 2022 / consultation, employment law reform, employment status, worker status / Employment

The Government has today published a response to its 2018 consultation on employment status. The consultation sought views on how to make employment status rules for employment rights and tax clearer for individuals and businesses. Today’s response recognises that the boundaries between different employment statuses can be unclear, but concludes that the benefits of creating …

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