September 2022 #233 – Law Journals

Legal news: Employment update

Jo Broadbent rounds up developments affecting employers and their advisers The government confirmed that it would support two private members’ bills. The first introduces a new right to neonatal care leave and pay; the other seeks to ensure that tips are distributed fairly to workers. Industrial action changes in force Two relatively small changes to …

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Working Time Regulations: Part-year workers get holiday pay bonanza

Employers must revisit their holiday pay calculations for term-time-only workers and other staff who work for part of the year under permanent or continuous contracts, warns Joanne Moseley All workers have a fixed and universal right to 5.6 weeks’ holiday and employers can only adjust this when someone’s employment starts or ends part way through …

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Religion or belief discrimination: Recent case law on gender-critical beliefs – a balancing act for employers

In light of the latest decisions on this tricky topic, Danielle Ingham and Anna Scott discuss how an employer can deal with staff members whose views on trans rights conflict with its own The outcome in Forstater shows that what is important when analysing whether a belief has been manifested inappropriately is looking at the …

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Unfair dismissal: The return of fire and rehire

Jennifer Wright considers the latest developments in the Tesco fire and rehire case and where this now leaves employers Employers will be relieved that the Court of Appeal has endorsed dismissal and re-engagement as a legitimate mechanism for implementing contractual changes and removing benefits that have become unsustainable with the passage of time. Historically, it …

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Equality Act: First long Covid ruling marks a turning point in employment law

Toby Pochron examines the steps employers should take following a recent decision on whether long Covid can amount to a disability If long Covid is a disability, then employers will have a greater responsibility to support employees in times of sickness and when returning to the workplace. Since the term ‘long Covid’ emerged, the condition …

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Disability discrimination: Harnessing the benefits of a neurodiverse workplace

With claims for neurodivergence discrimination rising by a third in the past year, Shoshana Bacall and Eleanor Diamond look at how employers can reduce the risk of such claims and create a more neurologically diverse workforce The rise in neurodivergent disability claims suggests that workplaces are lagging behind in efforts and there are still barriers …

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Demystifying employment contracts: Starting the employment relationship the right way

In the fifth part of this series, Ed Livingstone and Katrina Hennessy provide a step-by-step guide to the key topics which feature at the start of the employment relationship, including offer letters, pre-conditions, the commencement of employment and the probationary period It is important to carry out due diligence at an early stage as the …

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