Be Aware UK

News and views from DLA Piper's Employment team

Employment Rights Bill enters next stage: Responses to consultation and amendments

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Today the government published its responses to 5 consultation papers on aspects of the Employment Rights Bill (ERB) and put forward amendments to the ERB following consultation with businesses and trade unions. Increased penalties for collective redundancy breaches The maximum protective award for failure to collectively inform and consult on collective redundancies will increase from […]

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A clash of beliefs: The Higgs v Farmor’s School case

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The Court of Appeal’s decision in Higgs v Farmor’s School is the latest case in the arena of competing workplace rights, following the prominent judgments in the claims brought by Maya Forstater and David Mackereth, highlighting the difficulties employers can face in striking the delicate balance between conflicting opinions. This case underscores the importance of

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Neonatal care leave and pay to be in force from 6 April 2025

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The government has laid regulations before Parliament to bring into force the Neonatal Care (Leave and Pay) Act 2023 with effect from 6 April 2025, nearly two years after the legislation received Royal Assent. Neonatal Care Leave will apply to parents of babies who are admitted into neonatal care up to 28 days old and who have

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The Future of Work: Insights into the new Employment Rights Bill: #6 Industrial action

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Labour’s Plan To Make Work Pay, published before the election in May, stated: “Labour will update trade union legislation, so it is fit for a modern economy, removing unnecessary restrictions on trade union activity and ensuring industrial relations are based around good faith negotiation and bargaining. This will end the Conservatives’ scorched-earth approach to industrial

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The Future of Work: Insights into the new Employment Rights Bill: #5 Trade union recognition and organising

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In the latest of our articles taking an in-depth look at aspects of the Employment Rights Bill (ERB) we focus on the provisions which strengthen and simplify the law on trade union organising and recognition, which include: Introducing a duty on employers to inform workers of their right to join a trade union. Strengthening trade

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The Future of Work: Insights into the new Employment Rights Bill: #4 Hospitality & leisure focus

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Hotels, restaurants, bars, pubs, sports, gaming, and leisure attractions, all heavily rely on casual and seasonal workers to ensure the business is appropriately resourced to respond to fluctuating demand throughout the year.  As such, hospitality and leisure is the sector which is most likely to be impacted by the government’s upcoming changes to the law

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Autumn Budget 2024 – Umbrella Company Tax Reforms

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Background As announced by the Chancellor of the Exchequer, Rachel Reeves, in the Autumn Budget 2024, the government will be introducing new legislation, from April 2026, to combat non-compliance in the umbrella company market. Umbrella companies are employment intermediaries who employ temporary workers on behalf of agencies and/or end clients. The workers’ services will ultimately

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The Future of Work: Insights into the new Employment Rights Bill: #3: Impact on contractual change and redundancy exercises

/ Employment, Reform

The dynamic nature of business means that employers and their workforces must sometimes go through evolutionary changes to keep pace with, for example, economic shifts,  technological developments,  market trends,  or legal/regulatory requirements. Current UK employment legislation permits evolution of this type, albeit with certain protections for employees built in.    Redundancy dismissals are possible provided that

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The Future of Work: Insights into the new Employment Rights Bill: #2: A new era of protection against harassment in the workplace

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In just a couple of days’ time, employers will – for the first time – have a new positive obligation to take reasonable steps to prevent sexual harassment in the workplace.  This is a significant milestone in the protection of employees and marks a material stride forward in the momentum for tackling this issue –

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The Future of Work: Insights into the new Employment Rights Bill: #1: Making unfair dismissal a day one right

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The Employment Rights Bill 2024 (Bill), which had its first reading on 10 October, will transform the employment law landscape. In the first of a series of articles focussing on specific measures in the wide-ranging Bill, we start by looking at the impact of the removal of the qualifying period for unfair dismissal. Since the

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The Employment Rights Bill 2024: the most extensive overhaul of workers’ rights in generations?

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At a glance Right to claim unfair dismissal will become a ‘day one’ right, subject to a statutory nine-month probationary period Parental leave and paternity leave become day one rights Stricter controls on ‘fire and re-hire’ will be introduced Flexible working will be more difficult for employers to refuse Right to guaranteed hours contract for

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EHRC publishes updated guidance on sexual harassment and harassment at work

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26 October 2024 is a landmark date for employers – for the first time, they will have a positive duty to take reasonable steps to prevent sexual harassment in the workplace.  Now, with a month to go, the Equality and Human Rights Commission (EHRC) has just published its updated technical guidance on sexual harassment and

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UK Immigration update: eVisas, ETA and the digital immigration system

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At a glance From 1 January 2025, the UK Home Office will be transitioning towards a fully digitalised immigration system. Physical visa documents, such as stamps and cards will no longer be required to evidence permission to enter, live and work in the UK. Instead, permission will be held and evidenced via an online record,

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Supreme Court restores injunction to prevent Tesco using ‘fire and rehire’ to remove a ‘permanent’ contractual entitlement to enhanced pay

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In February 2022, the High Court granted a highly unusual injunction preventing Tesco from using so-called ‘fire and re-hire’ to implement changes to terms and conditions for some of its workforce in order to remove a ‘permanent’ contractual entitlement to enhanced pay (see Be Aware 3 February 2022). The Court of Appeal overturned the injunction

Supreme Court restores injunction to prevent Tesco using ‘fire and rehire’ to remove a ‘permanent’ contractual entitlement to enhanced pay Read More »

Law giving workers right to request more predictable working conditions will not be brought into force in September

/ Employment

At a glance The Workers (Predictable Terms and Conditions) Act 2023 (WPTCA) received Royal Assent in September 2023 and was expected to be brought into force in September 2024 No commencement regulations have been passed It is now being reported that the WPCTA will not be brought into force Instead the government plans to bring

Law giving workers right to request more predictable working conditions will not be brought into force in September Read More »

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