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Employment Matters

Welcome to this month’s edition of Employment Matters, where we bring you insightful articles and expert advice on crucial workplace topics.

In this edition, we cover the key changes in Employment law following the Employment Rights Bill and what this might mean for employers. In addition, we are seeing a rise in employment tribunal litigation and share our thoughts and tips on the potential impact of Labour’s proposed changes, together with guidance surrounding withdrawing an offer of work. Another highlight from the last quarter is World Menopause Awareness Month, and so do ensure you catch up on our article where we discuss the menopause at work and why it should matter to employers.

Also in this edition, and for those with a sporting interest, we explore some of the underlying employment rights and the specific approach within the professional sport industry.

Finally, the new legal duty to prevent sexual harassment in your workplace came into force on 26 October 2024. To assist our clients, we have put together an Essential Compliance Pack and offer training. 

Our dedicated teams work hard to look after clients, whatever their legal needs. Our broad expertise across the firm means that any one of our lawyers has access to a network of experts who can be recommended to ensure you are receiving the best holistic legal care at the right time.

If you’re interested in our free employee contract and handbook review, please reach out to Paula Squire.

Marc Long
Head of Employment and HR Team

In this edition

  • The future of employment law following the Employment Rights Bill and the October 2024 budget
    There has been a lot of publicity recently regarding various changes to Employment Law since the general election in July 2024. We have seen the ‘Plan to Make Work Pay’, the King’s Speech and now the new Employment Rights Bill as Labour seek to implement their ambitious plans for employment law. In addition, the Government announced their autumn budget at the end of October, Labour’s first in 14 years. So let us help you get to grips with the changes, timescales and what to do to get ahead.
  • Can an employer withdraw an offer of employment once made?
    There may be good reasons to withdraw an offer, for example, an employer’s business needs have changed, or they unexpectedly received information about the applicant which causes them to question their desirability.
  • The menopause at work – why should it matter to employers?
    The Minister for Work and Pensions and Minister for Women has confirmed that the Government is not currently planning to introduce menopause as a protected characteristic under the Equality Act 2010. However, employers should still consider the implications of menopause which is an emerging issue for employers.
  • Employment tribunals – Is it the calm before the storm and our top tips
    Clarke Willmott’s expert employment tribunal litigator Kathryn Walters shares her thoughts on the potential impact of Labour’s proposed employment law changes on the future of employment tribunal litigation.
  • HR Do’s and Don’ts to enjoy the festive period
    Christmas party bust ups, strip clubs, getting wasted and mistletoe merriment… read our guide to avoiding Christmas chaos.
  • Employment rights recap: Elite sportswomen and pregnancy – Entitlement to a risk assessment
    In the UK, pregnant employees are legally entitled to a risk assessment in the workplace to ensure their health and safety, as well as that of their unborn child. This entitlement applies equally to employed elite sportswomen, and it is particularly critical, given the physically demanding nature of their work and the unique risks posed by high-intensity training and a demanding fixtures schedule.

Contact us

Please get in touch with a member of the Employment team if you would like to discuss any of the topics mentioned in this article.

Posted:

Previous editions

  • Court of Appeal overturns High Court decision on Tesco ‘fire and rehire’
    The Court of Appeal has allowed an appeal from Tesco against the previous decision of the High Court which granted an injunction preventing it from ‘firing and rehiring’ employees in order to force a change to terms and conditions of employment.
  • Gender critical beliefs are protected in the workplace
    In June 2021 Ms Forstater successfully established a binding legal precedent that gender critical beliefs were in principle protected by the Equality Act. Following that appeal her case continued at the Employment Tribunal to determine whether she was discriminated against on the basis of her protected belief.
  • Employers must ensure that the “punishment fits the crime” when considering disciplinary sanctions
    When a disciplinary officer has heard all the evidence at a disciplinary hearing, they must decide whether it is appropriate to impose a disciplinary sanction. This could be anything from a first written warning to dismissal without notice. When considering dismissal there are 5 potentially fair reasons. These are conduct, capability, redundancy, a legal reason and ‘some other substantial reason’. This article focuses on conduct dismissals.
  • Keeping the status quo: the Government confirms that it will not reform the law on employment status
    The Government has published a response to its 2018 consultation on the UK’s current employment status framework. The Government’s response confirms that it will not reform this complex area of the law. Businesses must therefore continue to use the current framework to determine the correct employment status of individuals providing services.
  • A breach or a fundamental breach
    Constructive unfair dismissal claims are difficult claims to bring successfully as the burden is on the Claimant to show that there was a fundamental breach that they resigned in response to (promptly).
  • Forcing an employee to express milk in car and toilet held to be harassment
    An Employment Tribunal has recently held that a school committed an act of harassment on the grounds of sex when they did not provide a space for a female teacher to express breast milk at work.
  • The menopause at work – why should it matter to employers?
    The Minister for Work and Pensions and Minister for Women, has this week confirmed that the Government is not currently planning to introduce menopause as a protected characteristic under the Equality Act 2010. However, employers should still consider the implications of menopause which is an emerging issue for employers.

Your key contacts

Email Marc Long
Marc Long photo

Marc Long

Head of Employment and HR Team/COFA

Southampton and London
Marc Long is the Head of Clarke Willmott’s Employment and HR team specialising in TUPE and outsourcing.
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