Following on from last month's alert we look at another case on the challenge of balancing the rights of employees who express protected beliefs which clash with other protected beliefs. In this case an employment tribunal upheld a claim for harassment related to an employee's gender-critical belief.
In the last month the High Court has quashed the Regulations allowing striking workers to be replaced by agency workers. We look at the implications for employers and what may happen now.
On 20 July the government published two consultations related to occupational health. The first consultation looks at how the tax system can support employers to increase the provision of occupational health for their employees. This is accompanied by a joint consultation by the Department for Work and Pensions and the Department of Health and Social Care on ways to improve the uptake of occupational health by employers. See our article here.
This alert also includes the new ET Presidential guidance on ADR and ACAS' consultation on its updated Code of Practice on flexible working. We have also updated our table on Private Member's Bills so you can see where they are in their passage through Parliament.
1. Repeated extensions to termination date and failure to allow second appeal did not make dismissal unfair
The EAT has held that an employee was not unfairly dismissed when his employer extended his termination date seven times in order to give him further opportunity to return to work from sickness absence. They also did not allow him an additional right of appeal against the final decision to not extend the termination date further.
2. Is an employment contract varied or terminated due to imposition of new terms?
The EAT has considered whether an employee's contract of employment had been terminated by the employer's unilateral imposition of a new contract.
3. Email and comments against gender critical beliefs were harassment contrary to the Equality Act
In a further case on conflicting protected characteristics an employment tribunal has upheld a claim for harassment related to an employee's gender-critical belief.
4. High Court quashes regulations allowing striking workers to be replaced by agency workers
The High Court has upheld a judicial review challenge brought by 13 trade unions to the revocation of Reg 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which prohibited employment businesses from supplying temporary workers to cover the work of those taking part in official industrial action.
5. ACAS consults on updated code of practice on flexible working
ACAS is updating its statutory Code of practice on handling requests for flexible working and is consulting on the draft code. The consultation closes on 6 September 2023.
6. New presidential guidance on alternative dispute resolution (ADR)
The President of the Employment tribunals (England and Wales) has issued new Presidential Guidance on ADR.
7. Progress on Private Members' Bills
Private Members Bills affecting employers continue to make their way through Parliament. We set out their progress below.
