HR Law – June 2024

Welcome to the June edition of HR Law. 

In this month's release you will find articles covering Labour's publication of its New Deal for Working people, a decision in which a volunteer was held to be a worker and the Government's consultation on clarifications to TUPE and much more. 

Click the links below to access the full articles:

Labour publishes its New Deal for Working People 

Although lacking in finer detail, Labour's New Deal for workers is ambitious and promises to build on existing protections and develop new ones. Amongst other things it commits to day one rights, moving towards a single status of worker, and establishing Fair Pay Agreements, starting with the adult care sector.

A volunteer was a worker when carrying out work for which he was promised payment

This decision makes it clear that the legal status of volunteers will not always be the same, and will ultimately depend on a consideration of the documents governing the arrangements as well as the way in which the arrangements work.

Gender critical employee was discriminated against because of her beliefs

This case reaffirms the decision in Forstater that gender critical views are capable of protection under the Equality Act 2010. Here, the fact that the manifestations of the claimant's beliefs led to disciplinary action could not be objectively justified.

Contractors did not succeed in indirect discrimination claim against principal which was based on the terms of their contract with their employer

It was not possible for such a claim to succeed against the principal as the allegedly discriminatory term (non-payment of the London Living Wage) arose from the claimants' contract with their employer.

Employee was discriminated against because of her wish to adapt her work pattern to cope with her menopausal symptoms

In this case the claimant's menopausal symptoms were found to amount to a disability, but this will not always be the position.

The redeployment of a disabled employee should have been considered when determining whether the dismissal was fair

An employer should always consider whether an employee who is unable to carry out their existing role can be redeployed to another role as part of a fair dismissal process.

Government issues consultation on clarifications to TUPE and abolishing the legal framework for European Works Councils

The proposed measures include clarification that TUPE will only apply to employees and a changed approach to fragmentation.

Employment measures in the "wash-up" period

Parliament has now been dissolved, but a handful of measures have been pushed through (though whether they ever come into force remains to be seen).