Welcome to our February 2022 edition of Employment Up-To-Date.

Read on for a roundup of some of the latest news and developments in relation to employment.

CASE UPDATE: Significant win for workers in holiday pay claim

In Smith v Pimlico Plumbers, the Court of Appeal held that a worker who had taken holiday but not been paid for it because he had been wrongly categorised as self-employed was entitled to be paid on termination for all the unpaid holiday that he'd accrued (taken or not) throughout his six-year engagement.

Read the full article here 

CASE UPDATE: Practical Jokes Played by Employees – Who is Liable?

In Chell v Tarmac Cement and Lime Ltd [2022] EWCA Civ 7 the Court of Appeal upheld a decision that an employer was not negligent or vicariously liable for an employee's practical joke that caused a contractor personal injury.

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INSIGHT: MENOPAUSE AND THE WORKPLACE

The issue of menopause-related discrimination in the workplace has received some attention in the media recently and has also been a topic for wider discussion within organisations generally.  Last month, the Women and Equalities Select Committee considered whether the menopause should be made a legally protected characteristic for discrimination claims, hearing that some women face discrimination, including inappropriate comments or missing out on pay or promotions if they are (or perceived to be) going through the menopause, regardless of whether they are experiencing symptoms.  

Read the full article here 

IMMIGRATION UPDATE: Right to Work Checks: Updated Guidance

From 6 April 2022, the Home Office is introducing changes to right to work checks and has recently updated its guidance for employers, releasing details of the new digital identity verification tool for checks carried out on British and Irish nationals. 

Read the full article here 

INTERNATIONAL UPDATE: The Executive Regulations to the new UAE Labour Law – All the Answers?

The New UAE Labour Law contains numerous references to "executive regulations", which have now been released.  It was hoped that the Executive Regulations would clarify the areas of uncertainty in the New UAE Labour Law. In most instances, unfortunately this is not the case.  We have summarised below the key aspects of the Executive Regulations.

Read the full article here 

AG PUBLICATIONS AND EVENTS:

Anita Mulholland, an Associate in our Glasgow office, has recently written an article which was published in the February edition of the Employment Law Journal on Collective Redundancies: Criminal Liability for Failure to submit an HR1– Who is at risk? 

Ben Brown, Partner, and David True, an Associate both in our Dubai office, have provided insight into the new UAE Labour Law in an article published in this month's edition of the Oath Legal Magazine: The change that everyone hoped for? 

Our Spring HR Seminar: New Workplace, New Challenges for HR in 2022 will take place across our UK offices on 23/30/31 March 2022 in person and virtually on 23 March 2022. Find details of the event and register here.  

Michael Leftley and Sarah Thomas, Partners in our London office, will be presenting Diversity & Inclusion for Financial Services - Planning for the Future & Managing Contentious Issues on 31 March. Find details of this paid, virtual event here.