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Articles, News and Features

News this month includes the government’s response to consultation on sexual harassment in the workplace which confirms the intention at least to impose a positive duty on employers to prevent sexual harassment,  and to look at extending the time limit for more Equality Act 2010 claims. Reported cases include the Court of Appeal’s judgement reflecting that where there is a genuine right of substitution the Deliveroo delivery riders do not qualify as ‘workers’ for purposes of union recognition and Article 11 ECHR is not engaged. As more people return to work, we signpost the information employers need to know on hybrid working, vaccinations and protecting the vulnerable.

Note the next edition of Emplaw Monthly will be in September.

A must read for HR and others, from Emplaw author’s Lewis Silkin, following the end of the post- Brexit grace period on 1st July.

Read here


This on-demand webinar from Emplaw authors Gowling WLG  focuses on the practical issues that come up in an outsourcing involving a TUPE transfer, and how to make sure those issues are covered.

Watch here

News this month includes the government’s response to the Acas’ paper on fire and re-hire and a new online tool for Shared Parental Leave and Pay. Cases include the EAT decision that gender critical belief is a philosophical belief for the purposes of the Equality Act, and an important Court of Appeal ruling that interim relief is not available for sex discrimination claims. The consequences of  Covid-19 continue with more ET cases involving employees claiming automatic unfair dismissal where they have refused to attend a workplace for Covid related reasons, and the government’s decision to introduce mandatory vaccination for most care home workers.

A note from Emplaw author's Morrish on the significance of this decision

Read the decision here and the note here

A useful article from Emplaw authors Lewis Silkin, on the recent Employment Appeal Tribunal decision that “gender critical” beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in “gender identity” is also a protected characteristic. 

Read here

News this month includes a response, to a Women and Equalities Committee Report, which confirms government thinking on future employment law. As we emerge from the pandemic we signpost a variety of practical guidance. Cases include a decision that an employee with Health & Safety duties was unfairly dismissed for carrying out those duties, the EAT reminding us that such activities will often be resisted, or regarded as unwelcome, by other colleagues. Meanwhile, in a constructive dismissal case, the EAT reminds us that an employer cannot cure fundamental breach of contract once committed.


An overview of the law and current practice relating to apprentices from Emplaw author's Lewis Silkin

Read here

This one hour, free, on demand webinar from Emplaw authors Gowling WLG is designed to help master the fundamental concepts of TUPE if it's not something you regularly deal with, or want a refresher on how TUPE works.

Watch here

News this month includes Cloisters’ report to the TUC on the legal implications of artificial intelligence systems in the post-pandemic workplace, as well as latest covid updates including the proposed end to temporary adjustments to right to work checks and the consultation on making COVID vaccination a condition of work in care homes. Cases this month include two involving consideration of the European Convention on Human Rights, one  being a decision by the Court of Appeal that foster carers can form a union, as to rule otherwise would breach Article 11 (freedom of assembly) and a decision by the European Court of Human Rights that a mandatory vaccination programme was not a breach of Articles 8 and 9 ( respect for private life and freedom of thought). The latter is particularly interesting in COVID times but very fact specific.