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Employment Matters - November 2023

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Publish 10 November 2023

Overview

This month there are fewer case law developments to report. However, a significant development is that the last of seven employment related private members' bills has become law having received Royal Assent at the end of October, and a new obligation on employers to take reasonable steps to prevent sexual harassment of their employees is due to come into force in 2024. 

At a minimum, employers will need to be delivering training and reviewing their policies and processes ahead of this change.  The government has also just published its response to the consultations on holiday pay, working time and TUPE – we consider its proposals and the implications for employers.

We also take a look at the Information Commissioner's Office (ICO) guidance, published on 23 August 2023, to assist employers in understanding their obligations when handling any information about the health of the people that they employ.

1. Increase to the immigration health surcharge

On 16 January 2024, the immigration health surcharge (IHS) will be increased.

2. Data privacy: ICO guidance to assist employers handling any information about employees' health

The information commissioner's office (ICO) published new guidance on 23 August 2023 to assist employers in understanding their obligations when handling any information about the health of the people that they employ.

3. Spent convictions: Criminal record disclosure timescales reduced

The period of time for which ex-offenders are required to declare offences is to be reduced for some offences.

4. Disability discrimination: Tribunal upholds claim of indirect associative discrimination

An employment tribunal has held that an employee who was made redundant when she could not be fully office based because she cared for her disabled mother had suffered indirect associative disability discrimination.

5. Vicarious liability: Liability for sexual assault

The court of appeal has held that a secondary school was not liable for acts of sexual assault committed by a student who was on a one week work experience placement.

6. Sexual harassment: New duty to take reasonable steps to prevent sexual harassment

Legislation imposing a new obligation on employers to take reasonable steps to prevent sexual harassment of their employees to come into force in 2024.

7. Religion and belief discrimination: Protected beliefs

An employment tribunal has found that an employee's opposition to critical race theory is a protected belief.

8. Government moves forward with changes to holiday pay, working time and TUPE

On 8 November the Department for Business and Trade published its response to the consultation on amendments to the law on holiday pay, TUPE and working time.  The government has also published a draft statutory instrument containing the amendments.  The regulations are likely to come into force in January 2024.

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