HR Law - April 2024

Welcome to the April edition of HR Law. 

New rights coming in April 

After a considerable period of time with nothing much happening on the employment legislation front there are four new developments to be aware of.


 



 
 
Trial period in a new role can be a reasonable adjustment 

Whether or not it will be a reasonable adjustment to offer a disabled employee a trial period in a new role will be dependent on the facts, though in this case it would have been.



 
 
Actor did not suffer discrimination or harassment on grounds of her religion or belief 

The claimant was found to have been dismissed due to concerns about potential business harm arising from her Facebook posts and not due to the manifestation of her beliefs.

 

 
 
An employee who "sought" to take parental leave was protected from dismissal 

Although no formal request had been made, informal discussions about taking parental leave were enough to protect the claimant from dismissal.

 



 
 
Determining whether an employee was unfairly dismissed for taking appropriate steps to protect themselves from danger 

There have been a couple of recent Employment Appeal Tribunal decisions on Covid-19 and employees refusing to attend the workplace.to protect themselves from danger.

 

 
 
Dismissal for posting a racist joke fell within the band of reasonable responses 

The existence of a "zero tolerance" policy in relation to discriminatory language meant that the decision to dismiss was fair despite the claimant's long and unblemished service record.

 

 

 
 
ICO guidance published on sharing personal data in mental health emergencies 

This makes it clear that data protection does not act as a barrier to necessary and appropriate information sharing in the case of a mental health emergency.

 

 
 
Paternity Leave Bereavement Bill 

Currently the Bill will enable bereaved fathers and partners to take leave on the death of a child's mother/adoptive parent without needing to have 26 weeks of qualifying employment.

 



 
 
Have you seen?

Find details of our latest Trowers Tuesday, together with details of forthcoming changes and cases.

 



 

 

 
 

EMPLOYER OF THE FUTURE

April will usher in a whole raft of new legislative changes for employers to get to grips with.  Interestingly, in view of the enhanced rights to request flexible working being one such change, there's news that Boots has confirmed that its hybrid working policy, under which full-time office employees could work remotely for two days a week, will end on 1 September with office attendance expected from that date. While a full-time return to the office isn't on the cards across the board, there's definitely been a shift towards more office-based working over recent months.  

Having said that, the past few weeks have also seen news of the launch of "4ugust", a new initiative encouraged employers to do a mini-trial of the four-day week in August. This has been launched by the 4 Day Week Campaign and the think tank Autonomy, and follows their report earlier this year of the four-day week trial in 2022. This found that the majority of employers had continued with the policy, and that 58% of the public expects the four-day week to be the standard way of working by 2030. Clearly flexible working will continue to be high on the agenda for discussion – watch this space!

There has also been interesting news on the discrimination front. The press has reported on a case where an employment tribunal awarded a disabled council employee, who developed post-traumatic stress disorder (PTSD) following the Grenfell Tower fire, £4.6 million following her dismissal while on sick leave. The award is believed to be one of the highest awards made for disability discrimination.

Meanwhile, we have also received the news that the tribunal case of Manjang v Uber Eats has settled. The claim was brought by an Uber Eats driver who alleged that facial recognition software used by the app indirectly discriminated on the ground of race. The case was one of the first employment claims involving AI and automated decision-making and highlights the risk of discrimination that comes with increasing use of AI. 

At the end of last month we fed back the results of our survey on the proposals for the competence and conduct standard in our response to the government's 'Consultation on a direction to the Regulator of Social Housing to set a Competence and Conduct Standard for social housing'. Thanks very much to all of you who responded! To read more about the responses we received please see our bulletin.

And finally Trowers Tuesday recommences next week after a short Easter break. We kick off with a look at new family friendly law and good practice. Other forthcoming sessions include a look at employment status and the extension of rights in future, as well as a look at the national minimum wage and common pitfalls and investigation of fraud in an employment context.