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.
Recent employment law highlights include an unfair dismissal case due to a racially offensive term, emphasizing context consideration. Part-time workers in the UK enjoy rights ensuring equal treatment. Indirect sex discrimination was identified in variable working pattern introductions, though potentially justifiable. Discrimination can occur without a protected characteristic, including perceived discrimination, victimization, and association-based discrimination. Guidance on using anonymized statements in disciplinary investigations is available. The government responded to paternity leave and pay reform proposals. Various forms of disability discrimination are outlined. TUC is forming an AI task force to address regulatory gaps. Dismissal effectiveness is tied to communication, even if in error. Covert employee monitoring can lead to legal issues. Stay updated on these developments.
Stay updated with recent legal changes impacting employers and employees in the UK. Discover the Supreme Court’s new ruling on holiday pay claims, the government’s response to parental leave reforms, insights on consensual termination, and key considerations for workplace dress codes. Additionally, explore essential aspects of right to work checks, implications of app usage on personal devices, Tesco’s new flexible working initiative, and increasing penalties for hiring illegal workers.