News

Redundancy protection changes

The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (SI 2024/264) (MASPA Regulations) were made on 28 February 2024. The current position is an employee on maternity leave is protected in a redundancy situation and must be offered suitable alternative employment first.From 6th April this is extended to:- This applies to those taking … Read more

Headteacher unfairly dismissed after ‘tapping’ her son’s hand (ET)

An Employment Tribunal has ruled that a Headteacher who was dismissed after tapping her son’s hand was unfairly dismissed.  Facts  The Claimant was the headteacher at one of the schools in the Arbor Academy Trust.  On 17 January 2022 the Claimant was working late in her office. And her two children who attended the School … Read more

EHRC publishes menopause guidance for employers

New guidance on menopause in the workplace, setting out employer’s legal obligations under the Equality Act 2010, was issued today by the Equality and Human Rights Commission (EHRC). Many women report experiencing negative impacts of menopausal symptoms in the workplace, with some even feeling compelled to leave their jobs as a result. Research shows that … Read more

CIPD publishes new guidance on terminal illness

On 23 January 2024, the CIPD issued new guidance on supporting and managing employees with a terminal diagnosis, Terminal illness: Guidance for people professionals. Research carried out by the CIPD shows that only one third of UK organisations have specific provision regarding terminal illness, such as a policy, guidance or training. The guidance provides advice on … Read more

TUPE does not transfer liability for discrimination to new employer where perpetrator transfers but claimant does not (EAT)

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), following a relevant transfer, all of the former employer’s “rights, powers, duties and liabilities under or in connection with” the transferring employees’ contracts pass to the new employer (regulation 4(2)(a), TUPE). In the case of Sean Pong Tyres Ltd v Moore [2024] an employee … Read more

External job applicant not allowed to bring a whistleblowing claim (EAT)

The Employment Appeal Tribunal has ruled that an external job applicant could not bring a whistleblowing claim under the provisions of the Employment Rights Act 1996.  Miss Sullivan had two job interviews at the Isle of Wight Council (the council) and was unsuccessful.  She then raised allegations against the interviewers, including alleged financial irregularities.  The … Read more