27 September 2023
Share Print

Employment: To The Point (September 2023)

To The Point
(5 min read)

Highlights in this edition include: an update on flexible working developments, the duty to make reasonable enquiries when making reasonable adjustments for disabilities, the new right to request a predictable working pattern and the consequences of refusing time off for trade union duties.  We also cover the increase to civil penalties for employing illegal workers and the latest developments with Home Office compliance visits. 

Flexible working – a balancing act

Where employees should be working remains a huge area of focus for employers.  A significant number now want to be more directive, requiring office attendance on a set number of days per week.  Real estate considerations play a role in this – if employers are retaining expensive premises they want employees to use them.  However, it is not all about imposing requirements.  Employers are also considering what will encourage employees into the workplace, and how they will use the space while they are there.

With employers having a more rigid approach, an increased number of flexible working requests are likely and employers need to be prepared, including considering how to balance competing requests.  Indeed, ACAS has recently closed its consultation on its draft Code of Practice on handling flexible working requests.  It will be interesting to see how Tribunals view arguments about requirements to attend the office on a set number of days per week.  It would be unfortunate if these requirements came at the expense of more litigation in this area, or a loss of flexibility that allows employees to balance work and home lives and potentially extends work opportunities to a broader and more diverse group of people.

Editorial by Sarah Harrop

Flexible Working: Is it all change?

New measures are being introduced giving employees additional rights to make flexible working requests. Read about the proposed changes

Reasonable adjustments: are you making "reasonable enquiries"?

In the recent case of AECOM Ltd v Mallon the Employment Appeal Tribunal held that an employer was under a duty to make reasonable adjustments where the requirements for its online job application form put an applicant with dyspraxia at a substantial disadvantage. Read our thoughts on the case

UK Immigration: How compliant are you?

Recent immigration developments include the proposed increase to civil penalties issued to those who employ illegal workers and a noticeable rise in the number of Home Office compliance visits being undertaken.  Our update takes a closer look at these latest issues. Take a look at these latest issues

International: The new Oman Labour Law – What you need to know

The new law in Oman introduces several significant changes relating to employment including, amongst other things, extended leave entitlements, increased overtime rates and the introduction of redundancy as a permitted reason for termination.  Find out what it means for businesses affected.

What else you should know

Read here for further details on the new Act
  • For our latest Horizon Scanner covering all the latest legislative developments and forthcoming cases in employment law, visit our website page

Upcoming Events:

We are delighted to announce our Autumn HR Breakfast Seminars for HR professionals, taking stock of recent and future employment law developments and providing expert insight and practical guidance on the latest issues.  You can find more information and register for the events  

For more information on that and all our upcoming training events please visit our Employment and Immigration Group Training Calendar page on our website

To the Point 

Subscribe for legal insights, industry updates, events and webinars to your inbox

Sign up now