The Government announced increases in tribunal compensation limits effective from April 6, 2024. Key changes include higher awards for unfair dismissal, weekly pay limits, and family leave pay rates. Additionally, extensions to redundancy protections for pregnant employees and those on family leave were introduced. Recent legal cases highlighted complexities in discrimination law, emphasizing employer discretion in dismissal decisions. New flexible working rules grant all employees the right to request flexible arrangements from day one. Guidance for handling underperforming employees and supporting menopause in the workplace was provided.

To determine if a belief qualifies for protection against discrimination, tribunals consider factors like genuineness, significance, coherence, and societal respect. Recent cases, including Grainger plc v Nicholson, establish criteria for protected beliefs, ranging from climate change to gender critical views. Sensitivity is vital when employees return from illness, as seen in Thomas v T&R Direct Insurance. New Paternity Leave Regulations offer flexibility, allowing two-week leave in separate blocks. Redundancy situations require careful pool consideration to avoid unfair dismissal claims. Timely filing of discrimination claims is essential, as shown in Holbrook v Cosgrove.

The Court of Session has ruled that settlement agreements can encompass future unknown claims, as seen in Bathgate v Technip Singapore PTE Ltd. This judgment clarifies that claims can be settled even if they arise post-agreement, as long as the intention is clear. Employers must ensure fair redundancy selection criteria and consider the impact of extreme weather on employment. Additionally, from April 2024, all employees will have the right to one week of unpaid carer’s leave annually. Valid settlement agreements must meet specific conditions, including being in writing and providing independent advice.

Early consultation with the workforce in redundancy situations is essential to prevent unfair dismissals, exemplified by the Joseph de Bank Haycocks v ADP RPO UK Limited case. The Office for National Statistics reports a 14.3% gender pay gap in 2023, varying by age and earnings. New legislation shortens the time for criminal convictions to become ‘spent,’ affecting disclosure requirements for employers. The Supreme Court ruled that Deliveroo riders weren’t ‘workers,’ limiting their trade union recognition rights. Contractual agreements can’t undermine statutory employment rights, as shown in SPI Spirits (UK) Limited v Zabelin. New holiday pay rules allow annual leave carry-over starting January 1, 2024. Flexible working requests become a day one right from April 6, 2024. Fit notes, provided by various healthcare professionals, are crucial for extended sickness absences, with specific guidelines and durations, while statutory sick pay eligibility allows self-certification for the first seven days and flexible evidence afterward.

The December 2023 Monthly Bulletin offers practical insights into employment-related topics. It discusses ‘heat of the moment’ resignations, accent discrimination, and key facts about fixed-term workers. Additionally, it mentions the Labour Party’s proposal for a ‘right to disconnect,’ addresses the importance of accommodating dyslexic employees, and outlines employer responsibilities for employee eye care. The bulletin also highlights upcoming changes in minimum wage rates, the importance of early consultation in redundancy cases, and the challenges of enforcing dress codes for remote workers. These insights benefit both employers and employees.