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Welcome to the March edition. 

In this month's release you will find articles covering TUPE, the Government's response to fire and rehire consultation, and the new guidance concerning the menopause and the workplace.

Click the links below to access the full articles:

TUPE and liability for discrimination where the perpetrator of the harassment transfers but the claimant does not

In this situation it is not possible for liability for discrimination to pass to the transferee; the liability remains with the transferor employer.

Need for firefighters to maintain operational competence amounted to a material factor defence

It is worth noting that if the need to maintain operational competence had not been put in place in practice it would not have formed a material factor defence to an equal pay claim.

Demotion on a restructure can be a breach of contract

Where there was no express contractual term entitling an employer to demote an employee and reduce their pay it was likely that there was a breach of contract.

Government responds to fire and rehire consultation

A final version of a statutory Code of Practice on Dismissal and Re-engagement has been published and will have to be taken into account when an employer is making changes to terms and conditions and considering the option of dismissal and re-engagement.

New Occupational Health Taskforce established

This aims to improve access and uptake of Occupational Health which will reduce absenteeism and stop people dropping out of the workforce.

New guidance published on the menopause and the workplace

The EHRC guidance provides practical tips on ways to mitigate the impact of the menopause on women at work. 

TUC publishes analysis of gender pay gap

The report concludes that, on average, women work for free for almost two months of the year compared to men.

CIPD publishes report and guidance on neuroinclusion at work

The guide offers tips on how to become a more neuroinclusive employer and stresses that currently much neurodiverse talent is being overlooked.