Menzies Law Newsletter 2022 Issue 2

In this issue…

The eagle-eyed amongst you will have noticed a change in style and format for our Newsletter. This coincides with the launch of the firm’s new website together with a refreshed logo. After 13 years it was time for a new one. We hope you approve!

We’ve got a packed Newsletter for you with a lot to catch up on since our last one. We cover 5 important legislative changes and quite an array of employment cases. We’ve added a new section ‘Employment Issues to Keep on your Radar’. This is aimed at outlining a handful of current workplace topics to be aware of and includes a useful blog from the CIPD on the important considerations of awarding one-off cost of living bonuses.

Legislative changes

The long awaited Employment Bill failed to materialise in the Queens speech. However, there are a few developments to share with you: ‘fire and rehire’; Ethnicity pay gap reporting; Employment bill and zero hours contracts ; and the Government’s response to the consultation on employment status.

There has now been a change in who can certify a Fit Note. These can now be signed by a range of medical professionals rather than just by a GP.

Recent employment cases

The first of many Covid claims to reach the EAT; An employee was not automatically unfairly dismissed for his refusal to attend work because he was worried about catching Covid-19 and giving it to his vulnerable children.
A 12-month non-compete restrictive covenant in a service agreement did prevent a solicitor from joining a competitor (but a wider clause in the shareholder agreement did not) – High Court.
An EAT decision that an employer can bring forward the termination date for an employee who resigns by making a contractual payment in lieu of notice without this being a dismissal, but the law may (soon) change on this.
Where an employee volunteers for redundancy it is not automatically a fair dismissal says the EAT
An EAT decision around the calculatation of holiday pay for those who only work part of the year (but under a permanent, year-round, contract)
Anne-Marie covers the recent Superdry age discrimination case
Luke examines an important Tribunal decision where a unionised businesses sought to impose a pay award when they reached a stalemate in pay discussions.
The much-anticipated Maya Forstater gender-belief decision is considered by Anne-Marie.

Employment law issues to keep on your radar

Be wary of dismissing employees with less than 2 years service.
Extension of Gender Pay Gap Reporting in 2024 – don’t get caught out!
Thinking of implementing a 4-day working week? Read this first
Considering one-off bonuses during the cost-of-living crisis? Check this first

Our nothing to do with employment law bit

If you haven’t yet discovered ‘The Rest is Politics’ podcast with Rory Stewart and Alastair Campbell, we’d urge you to give it a listen.

Refreshingly honest and insightful stuff from two former political insiders. These two are so well-informed and manage to argue intelligently and politely from their different political standpoints on the week’s news. They offer some compelling stories too from their time in power.