As 2023 looks set to be another interesting year for employment law, in this article, employment partner Emma Clark and trainee solicitor Imogen Dale outline the most important updates to look out for, along with their predictions of changes for the year ahead.

1. Holiday pay

a. The Government has opened a consultation on term-time/part-year workers’ holiday pay following the Supreme Court’s unanimous decision in Harpur Trust v Brazel. This may result in legislation meaning holiday leave and pay is proportionate to time spent working, which many employers consider to be the rational solution to the issue.

b. A decision is expected regarding underpayments and holiday claims in Chief Constable of the Police Service v Agnew & Ors. This case should determine the correct approach to calculating unlawful deductions and underpayments of holiday pay, including the approach to annual leave entitlement, overtime and the reference period for calculating normal pay.

2. Awareness of the effects of menopause in the workplace:

2022 saw the Women and Equalities Committee’s report in July 2022 and the Government stating they will not add menopause to the protected characteristics under the Equality Act 2010. The current trend is for many employers to introduce menopause policies and adjustments to their workplace. This is to promote wellbeing in the workforce as well as prevent potential discrimination claims from employees. The government’s response to the Committee’s report has been...

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