Welcome to our July HRizon employment law newsletter. We consider the High Court’s decision to quash regulations which allow striking staff to be replaced by agency workers, whether a dismissal will always be unfair if the decision-maker fails to meet the employee before they are dismissed, and the need to make reasonable adjustments to a selection process for neurodiverse candidates. We explore the progress of forthcoming legislation, including new laws regarding flexible working and the government’s decision to abandon its plans to reintroduce third-party harassment and the watering down of the new positive duty to take reasonable steps to prevent sexual harassment...

As in every other sector, developments in AI in the UK healthcare sector continue at pace. Here we round up...

Welcome to our latest Newsletter of 2023, detailing everything you need to know about the latest operational and corporate legal news and updates...

Plans to introduce additional statutory rights/protections for parents and carers in the UK continues to be a hot topic among legal commentators. The proposals...

The Department for Business and Trade has launched a public call for evidence regarding the non-financial reporting requirements on companies, including gender pay gap reporting and modern slavery statements.

The Department for Business and Trade has named over 200 employers guilty of non-compliance with the National Minimum Wage. Guidance has also been published highlighting some of the key risk factors which led to non-compliance.

Workers have a right to make a data subject access request (DSAR) to obtain copies of any personal data that is being processed by their employer. This includes details of where the employer got their information from, what they’re using it for, who they are sharing it with and what information is being retained. The Information Commissioner’s Office (ICO) has recently published new guidance for employers on responding to DSARs, which aims to ‘support employers in responding to subject access requests in a proper and timely manner, and to ensure that employees are able to access their personal data when desired.’

The EAT has recently held that a tribunal erred when it lifted the statutory cap on compensation after an employer failed to comply with an order for reinstatement. The tribunal only has the power to lift the compensation cap if this is ‘necessary’ to prevent the employer benefiting from its non-compliance.

The EAT has held that when an employee is paid in lieu on termination for holidays they have accrued but not taken, they must receive pay equivalent to what they would have received had they taken their holiday; it is not possible for their contract or a collective agreement to provide that they should receive less.

The Court of Appeal has recently held that an employment tribunal was wrong to strike out a claimant’s claims for failures which were entirely due to the failings of their representative. In doing so, the Court has cast significant doubt on a well-established principle that the claimant should instead sue their representative for professional negligence for the lost chance to pursue their claim.

The Court of Appeal has held that, although civil servants had not waived or agreed to the unilateral removal of check-off arrangements for the deduction of their trade union dues, the union could not directly enforce the check-off arrangements because they were contained in collective agreements which were not intended to be binding...

Hill Dickinson were delighted to host a breakfast session at NHS ConfedExpo – Better together: developing collaboratives within the new NHS...