January 2024 - Didlaw

Changes to paternity leave from March 2024

31 January 2024

In the UK, the current Regulations governing paternity leave rights are tremendously outdated. Some of the current provisions include: It is no wonder that the UK is known to have one of the least generous paternity leave entitlements in Europe. Compare this to countries such as Spain, where new fathers can undertake 16 weeks’ fully […]

New statutory rights for carers to come into force on 6 April 2024

29 January 2024

This year will see the introduction of some new statutory rights for employees. One of these is the Carer’s Leave Regulations that will come into force on 6 April 2024. Many of us have caring responsibilities, whether it is for an unwell child, a disabled partner or an elderly relative. Many carers don’t share with […]

Asking a tribunal to extend time is always going to be difficult

26 January 2024

In Holgrove v Cosgrove & Ors the EAT upheld the decision of the Tribunal that it was not just and equitable for time limits to be extended for a belief discrimination claim that was submitted after the learning the outcome in Forstater v CGD Europe and Ors. The Claimant, a practising barrister had presented his […]

How Gender Critical Beliefs Cause Conflict in the Workplace

25 January 2024

It is well established, thanks to the case of Forstater v CDG, that freedom to hold gender critical beliefs is protected under section 10(2) Equality Act 2010. That is the belief that biological sex is real, immutable and cannot be changed. The very issue of holding a gender critical belief has been the subject of much […]

Jo Phoenix v The Open University – A victory for all women

24 January 2024

Jo Phoenix was a Professor of Criminology at the Open University. In 2019, the Sunday Times newspaper published an open letter signed by Professor Phoenix and other academics which criticised the perceived inappropriately close relationship between the LGBTQ+ charity Stonewall and UK universities through the Stonewall Diversity Champions programme. In 2021, she set up the […]

The case for paid fertility leave in the UK

24 January 2024

The Fertility Treatment (Employment Rights) Bill was put forward in Parliament by Conservative MP, Nickie Aiken in the middle of 2022. One of the rights proposed under the Bill is paid time off work for people undergoing fertility treatment. This is a much-needed piece of legislation for many reasons: The process of fertility treatment is […]

Is constructive dismissal ever a good idea?

22 January 2024

As an employment solicitor, advising a client to resign without notice in response to the conduct of the employer is not something I take lightly. Historically, constructive dismissal claims have been notoriously difficult to prove with a high threshold to overcome. Standard advice, if the situation arises, is for an employee to resign immediately after […]

Employers can protect themselves against future discrimination claims

19 January 2024

In 2022, the Employment Appeal Tribunal (EAT) issued its decision in the case of Bathgate v Technip. In this judgment, the EAT stated that settlement agreements could not be used to waive claims for future discrimination that had not yet occurred and were not in contemplation at the time of signing the agreement. The EAT […]

Working from home reduces rates of sickness absence

17 January 2024

According to a report by Ulster University’s Economic Policy Centre, employees who are able to work at home have recorded the UK’s lowest sickness absence rates. The study undertaken compared absence rates across the UK with England having the lowest rate of 2.5% in 2022 and more workers in Northern Ireland calling in sick in […]