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Articles, News and Features

This has been the month for some key legislative developments including the publication of Regulations banning exclusivity clauses in employment contracts for low-income workers, and the government’s backing of a Bill on neonatal care leave and pay, and a Bill on the fair allocation of tips. Meanwhile, the Supreme Court has ruled that employers cannot use 12.07% to calculate holiday for part-year workers. We also report on updated Acas guidance on asking and answering questions about a discrimination complaint and new guidance on how the drafting of fit notes should be approached, and more…

An article from Adam Ohringer of Emplaw authors, Cloisters chambers, explaining the change in the law which means that an ET can, if appropriate, make an award of costs even if the receiving party was legally represented without charge or by way of legal aid.

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In this article, Emplaw authors, Morrish Solicitors, explain the current law and guidance and link to the TUC proposal for a maximum working temperature.

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A note from Emplaw authors Morrish on the EAT's decision that an employer’s imposition of a pay award, at a time when pay negotiations with the recognised trade union were at an impasse, amounted to an unlawful inducement under section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992.

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News this month includes the government’s plans to allow agencies to provide cover for striking workers, the publication of a draft Bill of Rights Bill, and the BEIS Committee has launched a wide ranging call for evidence into the UK labour market. Meanwhile changes are planned aiming to simplify the apprenticeships programme in England and, from July, fit notes can be signed by health professionals other than a doctor. On the Covid front, the HSE has found a college in breach of health and safety laws for not implementing adequate protection measures, and an ET has held that an employee with long COVID symptoms was disabled for the purposes of the Equality Act. 

A helpful article from Emplaw authors Morrish Solicitors discussing the recent EAT decision which confirmed that accepting a voluntary redundancy does not necessarily mean an unfair dismissal claim has no reasonable prospects of success.

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This article from Emplaw authors Lewis Silkin, takes an in-depth look at what questions employers should ask employees about their individual characteristics and how that information can be handled lawfully

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News this month includes an update on what the current government has and has not done in the realms of employment law, as well as Guidance for businesses offering work to people from Ukraine and publication of the D&I disclosure requirements for listed companies. The Professional Qualifications Act 2022 provides the framework for post Brexit recognition of professional qualifications, and HMCTS develops its plans to protect vulnerable court users. We also have the first EAT decision on whether an employee who stayed away from work during COVID-19 lockdown with fears for his safety was unfairly dismissed.

A useful article from Emplaw authors. Moorcrofts, discussing the evidence and the relevant factors

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A really useful reminder by Emplaw authors Lewis Silkin of the principles and requirements relevant to employment

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