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Employment Matters - December 2022

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By Ceri Fuller and Hilary Larter


Published 13 December 2022


There have been fewer case law developments again this month, but legislative changes look set to take place in 2023 not least in respect of the right to make a flexible working request which the Government have now confirmed they are backing. 

Before then we wish all our readers Season's Greetings and best wishes for the coming year from all at DAC Beachcroft.

During 2022, our colleagues have engaged in community action for disadvantaged schoolchildren, homeless people and the elderly. This Christmas, we are pleased to be organising charitable donations and team volunteering days supporting people in local communities experiencing poverty around the UK.

1. Disability discrimination: No duty to make reasonable adjustments where an employee refused to participate in an interview for reasons unconnected to his disability

The EAT has held that the duty to make reasonable adjustments did not arise where a disabled employee refused to take part in an interview for reasons unconnected to his disability. The EAT also commented that reasonable adjustments are not intended to create an advantage over and above removing a particular disadvantage. 

2. Increases in national living wage, national minimum wage, family leave rates and statutory sick leave

The Government has announced increases in the national minimum wage and the national living wage, the rate for statutory family leave and the rate for statutory sick pay to take effect in April 2023.

3. Data protection: ICO publishes draft guidance on handling information about workers’ health

The ICO has published draft guidance on handling information about workers’ health which is open for consultation until 26 January 2023.

4. Industrial action: Legislation proposed to ensure minimum levels of service during transport strikes

The Government has proposed a bill which is intended to provide a framework to ensure that minimum service levels will be provided during transport strike action.

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5. Flexible working: government responds to consultation on flexible working

The Government has confirmed that the right to request flexible working will be a day one right.