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Employment Matters – February 2023

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By Hilary Larter & Ceri Fuller

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Published 07 February 2023

Overview

This month has seen a raft of government announcements. 

We have already alerted readers to the Government’s consultation on calculating holiday entitlement for part year workers to address issues that have arisen out of the Supreme Court’s Judgement in Harpur Trust v Brazel. See our article here.

In this alert we examine the draft Statutory Code of Practice on Dismissal and Re-engagement, which has now been published for consultation, as well as the Government’s response to the Women and Equalities Committee’s report on menopause in the workplace.

Our pick of caselaw from the past month is also covered as usual.

1. The Metaverse

Is the Metaverse already missing the mark on equality, diversity and inclusion? 

2. Fire and re-hire: Draft statutory code of practice published

The Government has published a draft Statutory Code of Practice on Dismissal and Re-engagement for consultation.

 3. Menopause: Government response to the “menopause and the workplace” report

The Government has published its response to the Women and Equalities Committee’s report on menopause in the workplace, rejecting two of the key recommendations.

 4. Unfair dismissal: Reopening a disciplinary process that has already concluded

The EAT has upheld a tribunal’s decision that it was not unfair to dismiss an employee after reopening a previously concluded disciplinary process that had led to a final written warning.

 5. Misuse of private information: Employer’s use of private Whatsapp messages

The High Court has refused to strike out a claim for misuse of private information where an employer had obtained and used an ex-employee’s WhatsApp messages in defending a tribunal claim.

6. Disability discrimination: Dismissal of disabled employee on long term sickness absence

The EAT has overturned a tribunal’s decision that it was discriminatory for an employer to have awarded a disabled employee only a proportion of a disability related payment after his dismissal. However, it has upheld the tribunal’s decision that the dismissal of the employee for long term disability related absence was objectively justified.

7. Discrimination: Marital status

The EAT has held that a tribunal erred in finding that an employee had been subjected to direct discrimination because of her marital status.

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