|
|
|
|
|
|
In this month's edition of our employment law & HR update, we have published a selection of case studies, news and insights including:
- Major changes in UK employment law in 2024;
- £50k compensation award in sexual harassment claim;
- Emphasis on proper assessment of comparators to ensure fairness in discrimination cases;
- Transgender employee awarded £25k over being ‘deadnamed'; and
- Redundancy and the importance of fair consultation at a formative stage.
If you require any further information on anything included in this update, or any employment issue you may be facing, please do not hesitate to contact the Employment team on 01332 226 126 or by replying to this email. |
|
|
|
|
|
|
|
INSIGHT
What is happening in UK Employment Law in 2024?
A series of anticipated changes are set to reshape the legal landscape throughout 2024.
We have provided a comprehensive overview of the major changes to UK employment law and noteworthy cases that employers need to be aware of this year.
|
|
|
|
|
|
|
|
|
|
£50,000 payout for sexually harassed employee
The case of Hunter v Lidl serves as a compelling case study highlighting the imperative for employers to enforce and communicate workplace equality policies and sheds light on the importance of staff training on the impending legal changes outlined in the Worker Protection (Amendment of Equality Act 2010) Act 2023.
Our summary provides insights into key elements of the case, offering valuable lessons for employers aiming to foster inclusivity and protect against workplace misconduct.
|
|
|
|
|
|
|
|
|
|
Deadnamed employee awarded £25,000 in direct discrimination claim
In the recent case of AB v Royal Borough of Kingston upon Thames, an employment tribunal has held that the employer had committed several acts of direct discrimination against a trans woman, including 'deadnaming' her.
This landmark case highlights the importance for employers to have robust equality, diversity and inclusivity policies in place which are kept up to date with current law.
|
|
|
|
|
|
|
|
|
|
Navigating allegations & bias: Lessons from Virgin Active Limited v Hughes
This case delves into a complex scenario involving a newly promoted Assistant General Manager at a health club operated by Virgin Active Limited. Following the Claimant's ascent, workplace dynamics took a contentious turn, leading to disciplinary actions, grievances, and eventually, a dismissal for gross misconduct.
The ensuing legal battle raises crucial questions about race discrimination, the assessment of comparators, and the proper handling of complaints in employment settings.
|
|
|
|
|
|
|
|
|
|
Redundancy - the importance of consultation at a formative stage
In the EAT case of De Bank Haycocks v ADP RPO UK Ltd, the employee was found to have been unfairly dismissed due to a flawed redundancy process from the outset. The EAT determined that consultation had occurred 'too late' to be meaningful.
In June 2020, facing significant financial losses during the pandemic, ADP RO identified 16 employees at risk of redundancy and applied a scoring matrix to each employee. Mr. De Bank Haycocks scored the lowest among his 15 colleagues, although he was not made aware of his own scores or the scores of his colleagues for comparison.
The EAT criticised this sequence of events, stating that the absence of consultation at a stage where real change could have occurred meant that there was no possibility of a different outcome. By the time 'consultation' with the employee began, all decisions had, in fact, been made. Therefore, this could not amount to meaningful consultation.
Although the employee received information about his matrix scoring at the appeal stage, the EAT found that the lack of consultation could not be corrected retrospectively. In short, the absence of consultation at the formative stage could not later be cured at the appeal.
Top Tip
Remember that the purpose of consultation is to avoid dismissal or reduce the impact of job losses. It follows that fair consultation can only take place when proposals are at a formative stage, and the employee is provided with both information and the opportunity to respond.
|
|
|
|
|
|
Contact our employment law experts
|
|
|
|
|
|
© Flint Bishop LLP The content of this email is provided for general interest and information. It contains only a brief overview of aspects of the subject matter and is not intended to provide comprehensive statements of the law. It does not constitute legal advice and is not intended to provide a substitute for it. Your information will be processed in accordance with our privacy notice. Flint Bishop LLP is a Limited Liability Partnership, registered in England and Wales. Our registration number is OC317931. Its registered office is Pinnacle Building, 2 Prospect Place, Pride Park, Derby DE24 8HG. We are authorised and regulated by the Solicitors Regulation Authority (SRA ID 509657). A list of members’ names is available for inspection at our registered office. Any reference to a Partner of Flint Bishop LLP means a member or an employee with equivalent standing and qualifications. Flint Bishop Solicitors, Flint Bishop Solicitors LLP, and FBDebt are trading names of Flint Bishop LLP.
|
|
|
|
|
|
|
|
|
