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Welcome to the January edition of HR Law.

Happy New Year to our readers. We hope you had a wonderful festive break.  

In this month's release you will find articles covering flexible working becoming a day one right, early consultation being key to the fairness of a redundancy dismissal, and HMRC guidance issued on responsibilities for employment businesses working with umbrella companies.

Click the links below to access the full articles:

Agreed contractual compensation payment did not make it just and equitable to cap tribunal award 

A contractually agreed compensation sum on termination cannot operate to cap a tribunal award. In a whistleblowing case no cap applies and compensation should reflect the loss caused. 

Early consultation is key to the fairness of a redundancy dismissal 

The lack of meaningful consultation at the formative stage of the redundancy process made the employee's dismissal unfair.

Flexible working to become a day one right 

From 6 April flexible working becomes a "day one" right. Other changes to the flexible working regime due under the Employment Relations (Flexible Working) Act 2023 are being implemented in July.

Entitlement to unpaid carer's leave comes into force on 6 April 

The entitlement will cover one week's unpaid leave to provide or arrange care in each rolling 12-month period.

Redundancy protection to be extended to cover those who are pregnant and on maternity, adoption or shared parental leave 

Employers need to be aware that these new protections will be in force from 6 April onwards.

ICO issues consultation on draft recruitment and employee records guidance 

The two new sets of guidance are open for public consultation until 5 March.

HMRC guidance issued on responsibilities for employment businesses working with umbrella companies  

The guidance explores the employment and tax laws that employment businesses must comply with when using umbrella companies.

"Fire and rehire" consultation response and final Code to be published in the Spring 

The draft Code sets out the steps that an employer should take when it envisages changing terms and conditions and then, if there is no agreement, dismissing and re-engaging employees.