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Welcome to 2025, the Year of the Snake (not good for ophidiophobes) and to our first employment newsletter of the year!  

As usual, we’ve plenty to tell you about;

  • A list of amendments to the Employment Rights Bill plus changes to the Fire and Rehire Code of Practice and an overview of the Neonatal Care Act (in force from April).
  • Recent Employment cases concerning redundancy consultation, maternity protection, protected conversations and more.
  • Cases to watch during 2025 and their implications.

Between the Employment Rights Bill and the new Worker Protection legislation (in force last October), we have lots to do to help clients prepare.  We are currently reviewing and updating our Equality Training course to reflect the new proactive duty on employers (and accompanying EHRC technical guidance).  If you are considering rolling out updated Equality Training in 2025, do keep us in mind!

We hope the year ahead is a good one for you, and (in the best quote about resolutions we know), ‘may your troubles last as long as your New Year’s Resolutions’.

Best wishes from the Menzies Law team

Employment Legislation:

  • The Government have published a list of amendments to the Employment Rights Bill proposing further changes following October’s announcements
  • Uplifts to awards for failure to follow the Code of Practice on Fire and Rehire (missing from the Code when published last July)
  • The Neonatal Care (Leave and Pay) Act 2023 comes into force in April.  We provide a useful summary here

Recent Employment Cases:

  • The Court of Appeal in Haycock v ADP RPO UK Ltd confirms no need for workforce-wide consultation where redundancies affect less than 20 employees
  • In Hunter v Carnival Plc, the EAT looked at the limits of maternity protection in a redundancy situation
  • Gallagher v McKinnon’s Auto and Tyres Limited considered protected conversations and the ‘improper behaviour’ of the employer
  • The EAT says an interval of more than 3 months between lawful deductions does not break a series of underpayments in Deksne V Ambitions Ltd
  • In this pregnancy discrimination case, the EAT in Shakil v Samsons Ltd says that Tribunals must apply Vento guidelines to injury to feelings awards

 

Cases to watch for 2025

We await the outcomes of Higgs v Farmors School and Groom v Maritime & Coastguard Agency.  We summarise these cases so far and discuss their significance to employers.

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