May 2022

Employment Law Update

Key employment law changes affecting UK employers. Simmons & Simmons, a leading authority on employment case laws regularly creates articles on current changes and noteworthy information for both employers & employees.

In summary cases discussed include:

  • Diversity and Inclusion/Discrimination
    • European Court of Human Rights declares appeal inadmissible in the long running cake case.
    • Claims regarding facial recognition and the use of AI in the workplace generally.
    • Disability – taking into account avoidance behaviour for adverse effect.
  • Employee relations processes/implied contractual terms
    • Employers may have an implied duty to act fairly in disciplinary proceedings, according to obiter comments by Court of Appeal.
    • Employee able to bring flexible working claim despite participating in a delayed appeal process.
    • Dismissal for raising numerous frivolous grievances was fair.
    • Joint and several liability for two decision-makers and the company for pregnancy and maternity discrimination; maximum 25% uplift correctly applied for breach of Acas Code, held EAT.
  • Employee status
    • Employee status: owner driver franchisees for DPD were not employee or workers.
  • Developments
    • Disability Workforce reporting.
    • Human Rights Act reform.
    • Government backs new five-year review to continue focus on gender balance on FTSE boards.

And much more detailed case information can be found on the Simmons & Simmons website: Simmons-Simmons

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