We also consider the new Acas Code on requests for flexible working and the consultation launched recently on the possible re-introduction of fees in the employment tribunal.
This month has also seen a number of developments in immigration law. Our recent article can be found here.
1. External job applicants cannot bring a whistleblowing detriment claim against a prospective employer (other than a NHS employer, which is an exception to protect patient safety).
In this case, the Employment Appeal Tribunal (EAT) held that, in the main, external job applicants are not entitled to bring claims in respect of whistleblowing when they have suffered a detriment because of making a protected disclosure.
2. Unknown future claims may be settled if clearly identified.
A recent decision from the Scottish Court of Session makes clear that employers can settle future claims which are unknown at the time of entering into a settlement agreement, even if the basis for the claims has not yet arisen – "so long as the types of claim are clearly identified and the objective meaning of the words used is such as to encompass settlement of the relevant claim".
3. Disability Discrimination – employer not liable where it did not have knowledge of the particular effect of the employee's disability.
In this case, the Employment Appeal Tribunal (EAT) found that the employer did not discriminate against the claimant, who had a stammer, by conducting oral interviews by video conference. Whilst the employer was aware of the claimant's disability, it had no actual or constructive knowledge of the particular effect of the claimant's disability nor that the interview process would put him at a disadvantage in the way it did.
4. Acas publishes Code of Practice on requests for flexible working.
On 11 January, Acas published its revised draft Code of Practice on requests for flexible working (the Code), for parliamentary approval. The Code provides statutory guidance to both employers and employees when dealing with flexible working requests. The Code reflects the significant shifts in the ways of working since the current Code was published in 2014 as well as anticipated changes to the law.
5. Re-introduction of employment tribunal fees?
On 29 January 2024, the government launched a consultation on the re-introduction of "modest" fees in the employment tribunal (ET) and the Employment Appeal Tribunal (EAT). The consultation will close on 25 March 2024 and if implemented, fees may become payable from as early as November 2024.
