Menzies Law Newsletter 2024 Issue 1

Spring has arrived at last and with it our first Newsletter of 2024. It’s a little later that we’d have liked as both workload and germs have been visiting Menzies Law in high volumes!

As always there’s plenty to read in our latest Newsletter. You’ll find details of the new Paternity Leave Regulations, an updated Code of Practice on ‘Fire and Rehire’, increases to statutory rates and Tribunal awards as well as new consultations and the results of previous ones. Useful guidance for employers is at hand on holiday pay, menopause and managing terminal illness. Employment cases have been numerous but we’ve chosen to share 7 cases which are helpful and relevant for employers and HR professionals.

Also just a quick reminder that the changes to flexible working came into force on 6 April – so do make sure you’ve updated your policies. The right to request flexible working is now a ‘day 1’ right. Other changes are contained in the Employment Relations (Flexible Working) Act 2023. These include how quickly employers need to deal with employees requests and the need for consultation before refusing a request.

Finally, with the constant bad news we seem to be immersed in, our ‘nothing to do with employment law’ section aims to uplift you with a stories from Positive News. This is a media business whose journalists focus on sharing great stories about what’s going right in the world. We hope you enjoy it.

Until next time,

Best wishes from all at Menzies Law

The Paternity Leave (Amendment) Regulations 2024 have been published and apply from 6 April 2024, making a number of changes.
There is now an updated (and final) Code of Practice on dismissal and re-engagement, known as ‘Fire and Rehire’.
The annual increases to Statutory Rates have been announced. Update yourself here on those.
Increases to Tribunal Awards including Vento Bands are available here.

There are Consultations in this issue on;

Tribunal Fees – these were introduced back in 2013 then scrapped in 2017 for multiple reasons. A consultation has now been launched on re-introducing them.
Data Protection – the ICO has consulted on draft guidance aimed at assisting with compliance on data protection law covering the keeping of employment records and recruitment & selection.
Occupational Health – details on the response to the Government’s consultation and its launch of a taskforce for its new OH framework.
Allocation of Tips – we detail the Code of Practice coming into force on 1 July 2024.

There is some guidance this month which employers may find useful on;

Holiday Pay – this guidance aims to provide explanations and examples for calculating holiday pay in the light of new legislation introduced on 1 January.
New guidance from the CIPD has been issued for employers supporting and managing employees with terminal illness.
The EHRC has published guidance for employers on menopause in the workplace. This has been designed to help employers create supportive workplaces for women experiencing menopause symptoms.

Our Employment Cases this month;

Settlement Agreements and future unknown claims were the subject of this case in the Court of Sessions – Bathgate v Technip Singapore PTE Ltd
Failure to consult about redundancy proposals made an employee’s dismissal unfair in this EAT case
The EAT looked at 2 different cases of constructive dismissal in Brooks v Leisure Employment Services and Leaney v Loughborough University
A ‘heat of the moment’ resignation is considered by the EAT in Omar v Epping Forest District Citizens Advice
Omooba v Michael Garret Associates looked at belief discrimination. It found that on the circumstances here, the employer did not discriminate in terminating a Christian actor’s contract
Disability discrimination and reasonable adjustments are the EAT’s subjects in the case of Rentokil Initial UK Ltd v Miller

Menzies Law Newsletter 2024 Issue 1

Spring has arrived at last and with it our first Newsletter of 2024. It’s a little later that we’d have liked as both workload and germs have been visiting Menzies Law in high volumes!

Cheer yourself up with a look at this:

Positive News | Good journalism about good things

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