|
|
|
|
|
|
In the May edition of our Employment Law & HR update, we have published a selection of news, insights, case studies and more on topics including:
- EHRC issues interim guidance on the Equality Act following Supreme Court ruling;
- Guidance from the Government and Acas on new neonatal care rights;
- Desk moves and sandwich pranks show the effects of poor communication;
- Reasonable steps defence in EAT; and
- Details for our next employment law webinar on neurodiversity in the workplace.
|
|
|
|
|
|
If you require 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 867 766 or by replying to this email. |
|
|
|
|
|
|
|
EHRC ISSUES INTERIM GUIDANCE ON THE EQUALITY ACT
The Equality and Human Rights Commission (EHRC) has released interim guidance in response to the UK Supreme Court's recent ruling in the For Women Scotland case, which clarified the definitions of "woman," "man," and "sex" under the Equality Act 2010. This ruling has significant implications for employers, particularly concerning the use of single-sex facilities in the workplace.
The EHRC's guidance aims to provide clarity on these implications, although further updates to the Code of Practice are anticipated. Employers are advised to stay informed and review their policies to ensure compliance with the evolving legal landscape.
|
|
|
|
|
|
|
|
|
|
NEW NEONATAL CARE LEAVE AND PAY
Effective from 06 April 2025, the UK has introduced statutory neonatal care leave and pay, granting eligible parents up to 12 weeks of paid leave if their newborn requires at least seven consecutive days of neonatal care within the first 28 days of life. This entitlement is available from day one of employment and is in addition to existing maternity and paternity leave.
The UK government has issued an employer’s guide detailing eligibility criteria, record-keeping requirements, and procedures for reclaiming statutory payments. Additionally, Acas has provided non-statutory guidance emphasising best practices, such as offering compassionate leave to ineligible employees and allowing designated family members to communicate with the employer on the employee's behalf during this challenging period.
|
|
|
|
|
|
|
|
|
|
DESK MOVES, SANDWICH PRANKS, AND WORKPLACE CULTURE
Two recent tribunal cases underscore how seemingly minor workplace incidents—like desk relocations and sandwich pranks—can escalate into significant legal issues when communication and culture are lacking.
In one case, a poorly communicated desk move led an employee to feel isolated, resulting in a successful constructive dismissal claim. In another, a prank involving a sandwich caused distress, highlighting the need for clear behavioural standards.
These cases serve as a reminder for employers to foster open communication, establish clear behavioural expectations, and cultivate a positive workplace culture to prevent misunderstandings and potential legal challenges.
|
|
|
|
|
|
|
|
|
|
EAT RULING CONFIRMS VALUE OF EDI TRAINING AND REASONABLE STEPS
A recent Employment Appeal Tribunal (EAT) decision has reinforced the importance of employers taking proactive steps to prevent discrimination. The ruling upheld the "reasonable steps" defence, highlighting that employers who implement effective Equality, Diversity, and Inclusion (EDI) training and policies can successfully defend against discrimination claims.
This decision underscores the value of investing in comprehensive EDI training and fostering an inclusive workplace culture.
|
|
|
|
|
|
Speak to one of our employment law & HR experts
|
|
|
|
|
|
© Copyright 2024 | Flint Bishop Limited. All rights reserved 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 Limited (Flint Bishop) is a Limited Company registered in England and Wales (Reg No: 05991683). Registered office: Pinnacle Building, 2 Prospect Place, Pride Park, Derby DE24 8HG. Flint Bishop Limited is authorised and regulated by the Solicitors Regulation Authority (SRA ID: 8006955). VAT No: 469 2812 59. The word ‘partner’, used in connection with Flint Bishop, refers to a director or employee and should not be construed as indicating any relationship of partnership (within the meaning of the Partnership Act 1890) exists between all or any of the individuals so designated or between any individual and Flint Bishop. A list of directors’ names is available for inspection at our registered office. Flint Bishop, Flint Bishop Solicitors, FB Costs and FB Training are also trading names of Flint Bishop Limited.
|
|
|
|
|
|
|