Employment update: September 2024

Welcome to our latest Employment Law briefing, bringing you a roundup of key legal developments over the last few months.

English Nationalism not a protected belief under the Equality Act

Read about the EAT ruling in Thomas v Surrey and Borders Partnership NHS Foundation Trust, which found that while English nationalism can be a protected belief, extreme expressions targeting specific groups are not. Employers should address such issues carefully while challenging discriminatory behaviours.

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Settling future claims: Insights from Clifford v IBM 2024

The Employment Appeal Tribunal ruling in Clifford v IBM 2024 confirms that settlement agreements can waive future claims if clearly identified, but leaves uncertainty for active employees following the Bathgate case. Learn why precise wording is crucial in drafting agreements.

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New proactive duty to prevent sexual harassment: is your organisation ready?

The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a new legal obligation for employers to take proactive measures against sexual harassment, effective from October 26, 2024. This article discusses key updates from the Equality and Human Rights Commission's draft guidance and outlines essential steps employers should take to prepare, including conducting risk assessments, revising policies, and providing training.

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What to expect from Labour’s employment law reforms: Key takeaways from The King’s Speech 2024

Keir Starmer's Employment Rights Bill, set for introduction within the first 100 days of the new parliament, promises significant reforms including abolishing zero-hour contracts, enhancing day-one worker rights, and overhauling trade union legislation. Employers must prepare by revisiting HR policies, recruitment processes, and operational strategies to comply with the new regulations and ensure a smooth transition.

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Choose your words wisely: Balancing inclusivity and employees’ beliefs at work

In Orwin v East Riding of Yorkshire Council, the Tribunal upheld Mr Orwin's dismissal for using a provocative email signature. His gender-critical beliefs were protected, but his refusal to follow reasonable instructions led to his dismissal. The case underscores the importance of clear employer guidelines on inclusion.

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What does the right to switch off mean for employers?

The UK government is considering introducing a "right to disconnect" policy to protect employees from being contacted outside of contracted hours. This initiative, spurred by post-pandemic changes, aims to reduce work-related stress and improve work-life balance. Employers may need to implement clear guidelines, with potential repercussions for non-compliance, including Employment Tribunal claims.

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