December 2024 - Didlaw

TUPE – substantial changes proposed by the transferee

30 December 2024

The Employment Appeal Tribunal’s (EAT) decision in London United Busways Limited v (1) Mr V De Marchi and (2) Abellio London Limited is interesting because it explains what should happen when a worker chooses not to transfer where, in a TUPE transfer situation, faced with the question of whether to transfer to the new employer, […]

Inquiry into paternity leave and shared parental leave

27 December 2024

Hot on the heels of the campaign by The Dad Shift which highlighted that shared parental leave (SPL) is not accessible to lower incomer families (but not necessarily caused by that), the Women and Equalities Committee (WEC) has called for evidence on any of the following matters: WEC, which is conducting an inquiry into equality […]

Can non-disabled people bring claims for disability discrimination in the workplace?

23 December 2024

Usually, the first hurdle for a worker in bringing a disability discrimination case is to prove that they are disabled for the purposes of the Equality Act 2010 (‘the Equality Act’). Briefly, the Equality Act states that an individual is disabled if: In most circumstances, a disability discrimination claim will not succeed unless a worker […]

Should I get a lawyer to review my new employment contract before I sign it?

20 December 2024

Most people understand the feeling of excitement that follows receipt of a job offer. This joy can sometimes cloud our judgment when it comes to dotting the Is and crossing the Ts of the employment contract that is going to play a big part in ruling the ongoing relationship. Not only that there may be […]

Organising leave during the Christmas period – a guide for employers

18 December 2024

Whilst the run up to the Christmas and New Year period is the most exciting time of the year for many, for HR teams it can be a minefield. For example, organising staff leave during the Christmas period can become tricky. Many offices close from Christmas Eve until the New Year, but for employers who […]

Workplace Christmas parties – new duties for employers

16 December 2024

Christmas parties are generally considered to be the most important work social of the year, and should be a celebratory occasion to end the year and reward staff for their hard work. However, it is commonly acknowledged that Christmas parties pose a hazard of inappropriate behaviour by employees, as they drink merrily and throw caution […]

Further EHRC support on the employer duty to prevent sexual harassment

13 December 2024

The Equality and Human Rights Commission (EHRC), in addition to its revised technical guidance on sexual harassment and 8-step guide for employers, has published templates to assist employers with compliance with the new positive duty to prevent sexual harassment in the workplace. Please see our previous blog on this. On review, these templates comprise a checklist, action plan and […]

Litigant in person’s discrimination claim wrongly struck out

11 December 2024

In Miss Wangtian Xie v E’quipe Japan Ltd, the Employment Appeal Tribunal (EAT) has again looked at the question of when it may be reasonable for an Employment Tribunal (ET) to strike out a discrimination claim made by a litigant in person because it has no reasonable prospects of success. The answer is – in very […]

Can my employer change my place of work?

9 December 2024

The main place of an employee’s work may change from time to time to suit their employer’s needs. Increasingly, there is slightly more balance in favour of employees working from home meaning that a change of office is not so disturbing. The focus of this blog is on situations where an employer tries to make […]