New UK Government Proposes Employment Legislation

After winning the general election last month, the new UK government has started to focus on the implementation of its manifesto pledges. The King’s Speech, which took place on 17 July 2024, sets out the legislative agenda for the new government. Our team dives into the two pieces of proposed employment legislation that were announced in the speech, along with two other developments in the UK employment landscape.

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UK Labour Party Promises Major Changes to UK Employment Law

Labour is expected to win the UK general election on 4 July 2024, which is likely to bring about significant changes to UK employment law as Labour implements its manifesto pledges. We summarize the key employment pledges in the Labour manifesto, as well as the Employment Appeal Tribunal’s recent decision in Armes v TwistDX and Others, and recent changes to paternity leave and statutory flexible working requests.

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Menopause in the Workplace: A Multi-Faceted Issue

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how menopause can affect those going through it. However, employers are seeing an increase in employees concerned about menopause and their experience with it at work. This is a multi-faceted issue that encompasses a range of potential employment law issues.

Discrimination

Most countries do not recognise menopause as a characteristic that is specifically protected by discrimination laws. But employees experiencing menopause may be protected by discrimination laws relating to age, sex, disability and gender reassignment. Generally, people experiencing menopause are women aged between 45 and 55 so any unfavourable treatment (whether direct or indirect) towards an employee experiencing menopause could amount to sex and/or age discrimination. Gender reassignment discrimination may also be relevant if the employee experiencing menopause is transgender.

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UK Employment Law Update: Family Acts, UK Government Legislative Proposals and Recent Case Developments

In May, the UK government passed three family-related Acts that employers should be aware of: the Neonatal Care Act; the Protection from Redundancy Act; and the Carer’s Leave Act. UK courts have also made notable rulings on noncompete restrictions, and COVID-19-related health and safety detriment claims.

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Living With COVID-19: What Is Changing in England and What Does It Mean for Employers?

On 21 February 2022, the U.K. government announced its “Living with COVID-19’” plan. This month’s U.K. Employment Law Update outlines the key changes in England and what it means for employers.

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Employment Law Update: Employer Restrained from ‘Firing and Rehiring’, Dismissal for Raising Frivolous Grievances, and Employment Status of Taxi Driver

Tesco Restrained From ‘Firing and Rehiring’ Employees

In USDAW and ors v Tesco Stores Ltd [2022] EWHC 201 (QB), the High Court (HC) granted an injunction to restrain U.K. supermarket giant, Tesco, from ‘firing and rehiring’ employees who did not agree to the removal of a permanent right to a benefit.

This decision is significant as it offers a potential new legal remedy for employees whose employers are looking to ‘fire and rehire’ them in order to remove a permanent entitlement. The practice of ‘fire and rehire’ was already controversial and under increasing scrutiny prior to this decision, and it will be interesting to see the extent to which employers will try to deploy it in the future.

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