In this month’s instalment, our team summarises the latest UK case law and developments in employment law – and their implications for employers.

1. The government has proposed amending the Employment Rights Bill, partly to remedy technical points or inconsistencies before the Bill becomes law. The updates would:

• Double the time limit from three to six months for bringing all Employment Tribunal claims.
• Revise the definition of “initial period of employment” to reflect unfair dismissal becoming a day one right. During that period – from three to nine months –a less onerous dismissal procedure is anticipated.
• Change the rules on payments when shifts are cancelled, moved or curtailed at short notice. The Employment Tribunal would have discretion to decide whether to award compensation and the amount.
• Include menstrual problems and disorders in the definition of “matters related to gender equality.” Larger employers may be required to develop equality action plans for those matters.
• Clarify that the right of trade unions to access workplaces will not extend to workplaces that are also dwellings.

2. In Haycocks v. ADP RPO UK Ltd [2024] EWCA Civ 1291, the Court of Appeal confirmed that general workforce consultation is not required for an individual redundancy dismissal to be considered fair. This overturns the Employment Appeal Tribunal’s decision and reinstates the original decision of the Employment Tribunal. The Court of Appeal finding also clarified an employer's...

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