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Audio Recordings of Employment Tribunal Hearings

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The Presidents of Employment Tribunals in England and Wales and in Scotland have announced that with effect from 20 November 2023, all employment tribunal proceedings will be recorded by HMCTS, using audio recording only, where facilities are available to do...

Rehabilitation of Offenders

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New legislation has come into force which means that criminal convictions become spent after a shorter time, reducing the period that individuals are legally required to declare them to their employers. Section 193 of the  Police, Crime, Sentencing and...

Sexual Harassment

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The  Worker Protection (Amendment of Equality Act 2010) Act 2023  has received Royal Assent, and will come into force in October 2024. This is an important piece of legislation when it comes to sex harassment litigation, and I’m explaining...

Predictable Working Pattern Requests

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ACAS has today launched a consultation on a draft  Code of Practice  on handling requests for a predictable working pattern. The Code of Practice will sit alongside the Workers (Predictable Terms and Conditions) Act 2023 which received Royal Assent...

Race Discrimination

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Was the tribunal correct, in a direct race discrimination claim, to treat a colleague who made a comment about her own race as an actual comparator of a Claimant who had made a comment about a colleague’s race? No, held the EAT in  Virgin Active...

New Supreme Court Justice: Dame Ingrid Simler

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It was  announced  earlier today that Dame Ingrid Simler, Lady Justice of Appeal, has been appointed as a Justice of the Supreme Court.  She will fill the vacancy left by Lord Kitchin's retirement. Dame Ingrid Simler was President of the...

New government guidance on Fit Notes

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The government has updated its  Guidance on Fit Notes for Employers and Line Managers . As well as the guidance itself (and why use 500 words when you can use 4,462?), there is a checklist for employers and a set of case studies. Frankly, life’s...

Important Case: Holiday Pay

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Can employees claim for historic underpayments of holiday pay even if there are gaps of more than three months between deductions? Yes, held the Supreme Court in its long-awaited Judgment in  Chief Constable of Police Service of Northern Ireland v...

Whistleblowing Detriment

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Was a tribunal entitled to conclude that an intervening act by a third party in a whistleblowing detriment claim broke the chain of causation between the detriment to the Claimant and the losses suffered as a consequence? Not on the facts of this...

Workers (Predictable Terms and Conditions) Act 2023

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The  Workers (Predictable Terms and Conditions) Act 2023  has received Royal Assent and is expected to come into force in September 2024. It introduces a new statutory right for workers to request a more predictable working pattern. Key points to...

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