Welcome to the February edition of HR Law.
In this month's release you will find articles covering constructive dismissal and affirmation, the draft Statutory Code on requests for flexible working published by Acas and much more.
Click the links below to access the full articles:
Unknown future claims may be settled under a settlement agreement if clearly identified
The Court of Session has overturned the Employment Appeal Tribunal's decision in Bathgate v Technip Singapore PTE Ltd enabling the waiver of unknown future claims in settlement agreements.
Job applicant not eligible to bring whistleblowing claim
In coming to its decision the Employment Appeal Tribunal considered the Supreme Court decision in Gilham v Ministry of Justice where it was held that a judicial office holder was protected under whistleblowing legislation.
Oral job interview did not give rise to disability discrimination against applicant with stammer
In this instance there was no way that the employer might reasonably have known that the impact of the applicant's stammer led him to give shorter (and lower scoring) answers to interview questions.
Constructive dismissal and affirmation
The fact that the claimant had waited three months before resigning following a "last straw" breach by the employer did not necessarily mean that he had affirmed his contract.
Acas publishes draft statutory Code on requests for flexible working
The Code has not yet had final approval, but it is expected to come into force in April, in tandem with the new flexible working regime.
Draft regulations published to amend statutory paternity leave scheme
Changes to the way in which statutory paternity leave is exercised are due to come into force on 8 March, with the new entitlements applying to children who are expected to be born from 6 April.
Illegal working civil penalties to come into force on 13 February
The increased penalties, which highlight the importance of carrying out proper right to work checks, were expected to come in in January.
Will fees be introduced in the Employment Tribunals again?
The Ministry of Justice has launched a consultation on introducing a fee of £55 to issue a claim in the Employment Tribunal or lodge an appeal with the Employment Appeal Tribunal.
