‘The Court of Appeal recently handed down judgment in the case of Boydell v NZP Ltd & Anor [2023] EWCA Civ 373, in which an employee challenged the High Court’s decision to sever parts of a restrictive covenant, and then grant an interim injunction enforcing the amended terms.’
Gatehouse Chambers, 17th July 2023
Source: gatehouselaw.co.uk
‘In Reverend D Green v Lichfield Diocesan Board of Finance [2023] UKET 2409635/2022, the primary issue was the extent to which a stipendiary curate had standing to bring a claim before an Employment Tribunal.’
Law & Religion UK, 25th August 2023
Source: lawandreligionuk.com
‘On 13 July 2023, the High Court quashed the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, which attempted to render lawful the supply of agency workers to break a strike. In this judicial review brought by 11 trade unions, the High Court held that the government had acted unlawfully and irrationally by introducing the Regulations, by failing in its duty to consult on the Regulations, and instead relying on a 7-year old consultation (from 2015) where the majority of stakeholders had opposed earlier proposals of a similar set of legislations (§28). The Court found that the then business secretary Kwasi Kwarteng had proceeded ‘at exceptional speed’ in introducing the Regulations before the summer recess of 2022 (§175), an approach described by the Court as one which ‘frustrated the aim of informed decision-making’ (§180). Although this judgment has several interesting public law implications, specifically on the extent and nature of the government’s duty to consult, it is also significant for labour law, and was hailed by the unions as a significant victory in preserving the right to strike in the UK.’
Cloisters, July 2023
Source: www.cloisters.com
‘A consultant paralegal was a “worker” at a law firm and could sue for unauthorised deductions from wages but was not an employee who could claim breach of contract, a tribunal has ruled.’
Legal Futures, 18th August 2023
Source: www.legalfutures.co.uk
‘Employers are increasingly using AI in recruitment and management. This briefing explores the employment law implications and proposals for regulatory reform.’
House of Commons Library , 11th August 2023
Source: commonslibrary.parliament.uk
‘Hybrid working is here to stay but HR policies still vary widely. Some law firms incentivise staff to “come in”, but does this risk alienating people by creating a “them and us” workplace?’
Law Society's Gazette, 9th August 2023
Source: www.lawgazette.co.uk
‘People who allow asylum seekers to work for them or rent their properties in breach of the law will face significantly increased fines from next year, as ministers attempt to reduce “pull factors” for people making small boat crossings.’
The Guardian. 7th August 2023
Source: www.theguardian.com
‘Momentum is growing in the UK to make social class a statutory protected characteristic. The Co-Op, The British Psychological Society, and the Bridge Group, amongst others, have proposed legislative reform to prohibit class discrimination. This may look like an “easy win”, especially for political parties puzzling over their manifestos and wanting to signal tangible action to combat the cost-of-living crisis. Yet there are considerable risks that this legal reform would either achieve little or actually hamper initiatives to combat socio-economic inequality.’
Oxford Human Rights Hub, 3rd August 2023
Source: ohrh.law.ox.ac.uk
‘British employers facing industrial action have been urged to review their contingency plans after a High Court decision struck down rules allowing agency staff to perform the roles of striking workers.’
OUT-LAW.com, 28th July 2023
Source: www.pinsentmasons.com
2023 c. 37 – Illegal Migration Act 2023
2023 c. 35 – Child Support (Enforcement) Act 2023
2023 c. 34 – Equipment Theft (Prevention) Act 2023
2023 c. 39 – Strikes (Minimum Service Levels) Act 2023
2023 c. 36 – Social Housing (Regulation) Act 2023
2023 c. 33 – Employment Relations (Flexible Working) Act 2023
Source: www.legislation.gov.uk
‘From 17 July 2023, international students can only switch into a sponsored work route (the Skilled Worker or Scale-up Worker) after they have completed their course of studies. PhD students can switch into the sponsored work route 24 months after the start date of the course.’
EIN Blog, 19th July 2023
Source: www.ein.org.uk
‘Employment law is one of the main areas where women face systemic barriers to seeking civil legal help and legal aid needs to be expanded as a result, a feminist think tank has urged.’
Legal Futures, 17th July 2023
Source: www.legalfutures.co.uk
‘A former Uber driver has won a payout of more than £20,000 owed to him for more than seven years after a tribunal ruled the gig economy firm failed to respect minimum wage and holiday entitlement laws.’
The Guardian, 12th July 2023
Source: www.theguardian.com
‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’
3PB, 7th June 2023
Source: www.3pb.co.uk
‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’
3PB, 5th June 2023
Source: www.3pb.co.uk
‘A wheelchair tennis executive was sacked after she refused to get a Covid vaccine despite the Government ending nearly all restrictions at the time, a tribunal heard.’
Daily Telegraph, 4th July 2023
Source: www.telegraph.co.uk
‘A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has been awarded more than £100,000 in compensation by an employment tribunal.’
The Guardian, 1st July 2023
Source: www.theguardian.com
‘A gender-critical woman has won a harassment claim against Arts Council England, after hostile comments were made about her beliefs at an internal meeting and on a petition circulated within the organisation.’
The Guardian, 27th June 2023
Source: www.theguardian.com
‘In Higgs v Farmor’s School [2023] EAT 89, Mrs Higgs worked as a pastoral administrator and work experience manager at Farmor’s School. Complaints were received about Facebook posts that she had made about relationship education in primary schools: in particular, she re-posted someone else’s post, heading it, “PLEASE READ THIS! THEY ARE BRAINWASHING OUR CHILDREN!” [5]. She also re-posted similar material. She accepted that her posts might have been seen by parents of pupils at Farmor’s School, though she pointed out that she had not mentioned the school itself [9].
She was suspended and, after a disciplinary investigation and an appeal, dismissed [16 & 17]. She took the school to an Employment Tribunal, arguing that her dismissal amounted either to direct discrimination because of her protected beliefs or to harassment relating to them.’
Law & Religion UK, 20th June 2023
Source: lawandreligionuk.com
‘Sixty-four former employees of One Legal – the alternative business structure that owned two criminal law firms – have been granted full protective awards because they were made redundant without notice.’
Legal Futures, 21st June 2023
Source: www.legalfutures.co.uk
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