In November's UK Employment Law update, our team examine the EAT’s determination that a settlement agreement cannot waive an employee’s right to future claims for discrimination, highlight the impact of the Retained EU Law (Revocation and Reform) Bill on employment regulations derived from EU laws, and discuss the passing of the second reading of the Protection from Redundancy (Pregnancy and Family Leave) Bill. We also outline the new ‘monitoring at work draft guidance’ published by the Information Commissioner’s Office and highlight how the 2022 Autumn statement will affect the National Living Wage going forward.

1. In Bathgate v Technip UK Limited and Ors [2022] EAT 155, the Scottish Employment Appeal Tribunal (the “EAT”) determined that a settlement agreement cannot waive an employee’s right to future claims for discrimination if such claims are unknown to the parties at the time of contracting:

   The facts:

   • On 13 January 2017, the Claimant was put at risk of redundancy. Shortly thereafter and following independent legal advice regarding the terms of the redundancy offer, the Claimant entered into a settlement agreement (the “Agreement”). The Agreement provided an enhanced redundancy and notice payment upon termination and a further payment in June 2017 (the “Additional Payment”). The Additional Payment was governed by the terms of a collective agreement and would only apply to qualifying individuals who had not reached the age of 61 – at the time of contracting, this...

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