Welcome to our November HRizon employment law newsletter
We look at the scope of settlement agreements and how employers can seek to correct errors in collective agreements. We consider the extended ban on exclusivity clauses for low paid workers which comes into force in December. We also explore the Sutton Trust’s report on regional and ethnic ‘accent’ discrimination, the ICO’s new draft guidance on workers’ health information and highlight other recent employment law cases and HR news from the last month.
Recent employment cases
In a decision regarding the potential scope of settlement agreements, the EAT has held that a settlement agreement cannot be used to settle a ‘future’ equality claim, which had not yet arisen at the time the agreement was signed. Read more…
Collective agreements: can an employer seek ‘rectification’ of a mistake in a collective agreement?
The Court of Appeal has held that, where the terms of a legally unenforceable collective agreement contain an error, the employer cannot seek rectification (correction) of the agreement against the trade union. However, if the terms of the collective agreement are incorporated into the employment contracts, the employer can seek rectification of the employment contracts. Read more…
An employment tribunal recently held that a major supermarket chain mishandled a restructure, which resulted in the redeployment of a part-time employee who was on maternity leave into a role which came with full-time duties. The tribunal awarded her over £60,000 in compensation for sex and maternity discrimination and constructive unfair dismissal. Read more…
New legislation
Ban on exclusivity clauses for low paid workers comes into force on 5 December 2022
From 5 December, the ‘ban’ on exclusivity clauses in zero-hours contracts is extended to protect workers whose average net weekly earnings fall below the NIC lower earnings limit (currently £123pw). Read more…
Employment and HR news
Autumn Statement 2022 (Medium-term Fiscal Plan): key employment-related announcements
On 17 November 2022, the Chancellor of the Exchequer, Jeremy Hunt, delivered the 2022 Autumn Statement (Medium-term Fiscal Plan) to Parliament. Key employment-related announcements include:
- most income tax and NICs thresholds will now be frozen until April 2028
- income tax additional rate threshold will be reduced from £150,000 to £125,140 from April 2023
- national living wage and national minimum wage rates will increase from 1 April 2023 to:
- age 23 or over: £10.42 (up from £9.50)
- age 21 to 22: £10.18 (up from £9.18)
- age 18 to 20: £7.49 (up from £6.83)
- age 16 to 17: £5.28 (up from £4.81)
- apprentice rate: £5.28 (up from £4.81)
- accommodation offset amount: £9.10 (up from £8.70)
Extra UK-wide bank holiday in 2023 to mark the coronation of King Charles III
Monday 8 May 2023 has been confirmed as an extra UK-wide bank holiday to mark the coronation of King Charles III. Read more…
The promised repeal of the off-payroll working regime has been cancelled
The promised April 2023 repeal of the off-payroll working (new IR35) regime has been cancelled by the new chancellor. Read more…
Data protection: ICO consultation on draft employment practices – workers health information
The Information Commissioner’s Office has launched a consultation on draft employment practices: information about workers’ health. The draft guidance aims to provide practical guidance for employers to enable them to handle the health information of workers in accordance with data protection legislation. Read more…
Diversity and inclusion: Sutton Trust report on how ‘accent’ discrimination impacts social mobility
A new report by the Sutton Trust explores how discrimination against regional and ethnic ‘accents’ affects individuals when job hunting, leads to workplace harassment and can hinder promotion prospects. Read more…
Q&A with Paula Warnock
This month we meet Paula Warnock, Partner, Pensions based in Manchester.
Who inspires you?
My sister – she is so at peace with herself and her life (it also drives me a bit mad too).
What is your favourite book?
To Kill a Mockingbird by Harper Lee. Written in 1960 from the perspective of Scout, a six-year-old girl in 1930s Alabama whose father defends a black man accused of raping a white woman. It’s a book which is at times uplifting, at times uncomfortable and at times funny but always engaging and certainly still has significance now.
Name your three top movies of all time?
Guardians of the Galaxy because it’s just a fun movie, a good James Bond film (ie not the Pierce Brosnan ones) and The Usual Suspects.
Where’s your favourite place in the world to visit?
It’s a bit of a dull answer but my favourite place is home. I’m fortunate to have a house which looks across a valley to the hills opposite and it’s so relaxing to sit out in the garden even in the winter with a blanket, and maybe a mulled wine to keep me warm.
Which five people (alive or dead) would you invite to a dinner party at your house?
Delia Smith because she is a goddess and she can cook, Helen McGinn (author of The Knackered Mother’s Wine Club) because she is also a goddess and she can bring the wine, Davina McCall (goddess) so I can ask loads of questions about her Menopausing book without having to read it, Self Esteem (fellow Sheffielder goddess) to provide the tunes and my husband because he likes a good dinner party.
What advice would you offer your teenage self?
As a pensions lawyer it has to be start saving into a pension scheme as early as you can so it has the maximum amount of time to be invested – you will thank your 60 something self!
What is the bravest or craziest thing you have ever done?
Brave and crazy – bungee jump and catapult. The bungee jump is obviously falling off a high tower attached to a giant elastic band and the catapult was being flung from the ground into the air on a giant elastic band. I would say the bungee jump had an element of bravery as I was terrified and realised at the top that my instinct to avoid falling quickly towards the ground is quite strong. The catapult on the other hand was amazing fun, I even had time for a chat whilst floating around in the air. In hindsight both were crazy taking into account they were on a girls’ holiday in the 90s with probably little safety features – sorry Mum!
What is your favourite/least favourite foods?
Least favourite food – liver. Wrong on so many levels – the smell, the taste, the texture! I also don’t like steak which weirdly I’m disappointed about because most people seem to really enjoy a good steak and I feel I’m missing out. Favourite food is probably a chocolate orange and I usually end up with about six every Christmas as everyone knows I love a chocolate orange.
Who is your favourite superhero?
Inspector Gadget – who wouldn’t want all those gadgets up your sleeve.
For further information, please contact:
Emma Ahmed, Hill Dickinson
emma.ahmed@hilldickinson.com
