Many of you will have heard Angela Rayner’s recent remarks in which she explained the changes that the Labour Party propose to make to employment law in the event that they win the general election next year.
The proposals are radical to say the least, and, if enacted, would completely change the employment law landscape for years to come.
Shona Jones joined Bermans in August 2023 and is currently a Trainee Solicitor in our Employment team based in Liverpool.
She studied Law at Liverpool John Moores University and has completed the Legal Practice Course. Shona has also obtained a Masters qualification with a distinction at Liverpool John Moores University .
Outside of work, Shona enjoys reading (mostly fiction). She also enjoys staying active, usually running, or hiking up the Welsh mountains and is currently training for her next marathon.
The Employment Relations (Flexible Working) Bill received its Royal Assent on 20 July 2023.
Under this legislation, employees will gain the right to make two flexible working requests in any 12-month period. This is a change from the current position, which limits flexible working requests to one in a 12-month period.
The Government has announced the employment law rate changes that come into force in April 2023.
From 1 April 2023:
National Living Wage for workers aged 23 and over increased to £10.42 per hour
For workers aged 21-22 the rate increased to £10.18 per hour
For workers aged 18-20 the rate increased to £7.49 per hour
For workers aged 16-17 and those on apprenticeships the rate increased to £5.28 per hour
From 2 April 2023 Statutory Maternity Pay, Statutory Paternity Pay, Shared Parental Pay, Statutory Parental Bereavement Pay and Statutory Adoption Pay all rose to a maximum of £172.48 per week.
You might think that it would be tricky for an employer to dismiss an employee without meaning to. A recent Employment Appeal Tribunal decision highlights the importance of careful drafting when making offers of settlement to an employee.
Under section 15 Equality Act 2010, ‘discrimination arising from a disability’ occurs where an employer treats a candidate or employee ‘unfavourably’ because of something arising in consequence of a disability and it is not able to objectively justify that treatment.
The Retained EU Law (Revocation & Reform) Bill, which is currently rumbling through the House of Lords, will lead to the removal of EU-derived secondary legislation at the end of this year unless it is specifically preserved – the so-called ‘sunsetting’ provisions. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is one of the significant pieces of employment legislation which would be vulnerable to removal.
The Muslim holy month of Ramadan began on 22 March 2023 and will end 29 or 30 days later. During Ramadan, adult Muslims observe a fast between dawn and dusk. Exceptions are made for those who are pregnant, menstruating or in poor health.
It is not easy to imagine that the grumblings of a group of judges about their pay and conditions could be of wider relevance to other employers, but the recent case of Ministry of Justice v Dodds is an exception.