5 January 2024
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The Twelve Months of Employment Law 2023

To The Point
(6 min read)

To coincide with the twelve days of Christmas drawing to a close on 5 January, we take the opportunity to look back and reflect on some of the key developments from the past twelve months of employment law in 2023.

In the first month of '23, the Government gave to me
A consultation on holiday entitlement for part-year and irregular hours workers
following Harpur Trust v Brazel [1].

In the second month of '23, the Government gave to me
A Consultation and Draft Code of Practice on dismissal and re-engagement
(known as fire and re-hire to you and me).

In the third month of '23, the EAT gave to me
Discrimination arising from disability
- an employee's meltdowns in the workplace did not arise from his disabilities [2].

In the fourth month of '23, the Government gave to me
Guidance on positive action
- and on pay gap reporting by ethnicity.

In the fifth month of '23, the Government gave to me
Reform to non-competes! [3]
Contain-ed within the response to the consultation from twenty-twenty.

In the sixth month of '23, the EAT gave to me
More cases that I need to know about holiday pay for untaken statutory holiday on termination [4]
and that there's no harassment if the victim was not aware of the conduct [5].

In the seventh month of '23, the High Court gave to me
A ruling that the law allowing striking workers to be replaced by agency workers is unlawful
and two Court of Appeal decisions about EWCs [6].

In the eighth month of '23, the EAT gave to me
A finding that an employer should've made reasonable enquiries of a disabled job applicant having problems with an online form to treat them reasonably [7].

In the ninth month of '23, the Employment Tribunal gave to me
A low appraisal rating, written warning and removal of sick pay from a menopausal employee were all discrimination arising from disability [8].

In the tenth month of '23, the Supreme Court gave to me
A decision that a 3-month gap does not break
a series of deductions in holiday pay [9]

In the eleventh month of '23,
the Government gave to me
Changes to holiday pay and entitlement, working time record-keeping and TUPE reforms in 2024 [10]
and a Supreme Court decision that Deliveroo riders were not in an employment relationship for the purposes of the ECHR.

In the twelfth month of '23, the Government confirmed to me
Flexible working as a day 1 right [11], Carer's Leave [12] and extended redundancy protection for pregnant employees and those returning from family leave [13] - all in force from 6 April 2024.

It's been quite a year!  Whilst non-exhaustive, our snapshot aims to provide a helpful overview of some of the most notable moments in employment law from 2023.

With 2024 already looking set to be a busy year for employment law, as well as an election year, please also check out our upcoming article looking at what lies ahead for HR and employment in 2024 - coming soon!


To the Point 

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