In our latest Employment Essentials article, we share our top picks of recent employment law developments that may affect your business.
This month, our top 10 picks are:
Case law updates
3. Holiday pay - holidays for term-time only workers not subject to pro rata reduction
5. Gender-critical views a protected "philosophical belief" but manifestation may be restricted
Proposed legislative changes
Latest hot topic news
Case law updates
1. Fire and rehire - untying the employer's hands
In March, we reported on the "Strengthening of the unions' hands: Restraining 'fire and re-hire'" following the High Court in USDAW & others v Tesco Stores Limited implying a contractual term and granting an injunction restraining Tesco from 'firing and rehiring' employees in order to remove a contractual entitlement to enhanced pay known as 'retained pay'. The entitlement, which was negotiated as a retention incentive at a time when Tesco was reorganising its distribution centres, was stated to be 'permanent' and was intended to last for as long as the employee remained in the same role. In these unusual circumstances, the High Court held that it was appropriate to imply a contractual term preventing Tesco from exercising its right to terminate on notice for the purpose of removing or diminishing the employee's entitlement to the retained pay.
However, on 15 July, the...
IBM reached a settlement with the federal government on Friday, agreeing to pay roughly $17 million to resolve allegations of illegal diversity, equity and inclusion practices. Acting Attorney Gen...