The Work Couch: 12 days of Christmas - A look back at 12 key employment law developments from 2023
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
In our feature-length Christmas special, we give you the download on 12 important employment law and HR development from the year of 2023. Essential listening for those of you who need to catch up on the many changes in the last 12 months.
Ellie Gelder is joined by Patrick Brodie, partner and head of RPC's Employment, Engagement and Equality team, Kelly Thomson, partner and RPC's ESG lead, Charlotte Reid, senior associate and Victoria Othen, consultant.
We discuss the following topics and explore the impact on employers, and the key actions to take. Please note the time stamps so you can easily navigate to the topics relevant to you:
- [2:14] Recovery of holiday underpayments and the Supreme Court's decision in Chief Constable of the Police Service of Northern Ireland and another v Agnew and others [2023] SC 33;
- [5:33] Increasing focus by HR and regulators on conduct in the workplace, following various high profile cases of toxic workplace culture and sexual misconduct in the workplace;
- [9:42] The potential repeal to the ban on employers using agency workers during strike action;
- [12:12] Changes to the law on flexible working requests;
- [16:00] Dealing with gender-critical beliefs and the EAT decision in Higgs v Farmor's School [2023] EAT 89;
- [20:58] Reforms to holiday pay calculations for part-time workers and those with irregular hours;
- [23:45] TUPE and changes to the rules on consultation with affected employees;
- [27:01] AI and its impact on the workforce;
- [32:43] Menopause support at work, and the case of Rooney v Leicester City Council;
- [38:19] Dismissal and re-engagement and the incoming code of practice;
- [43:19] Industrial action and minimum service levels; and
- [47:03] Employment status and collective rights, and the recent Supreme Court decision in Independent Workers Union of Great Britain v Central Arbitration Committee and Roofoods Ltd t/a Deliveroo [2023] SC 43
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All information is correct at the time of recording.
The Work Couch is not a substitute for legal advice.
References
1. Chief Constable of the Police Service of Northern Ireland and another v Agnew and others [2023] SC
2. Employment Relations (Flexible Working) Act 2023
3. Flexible Working (Amendment) Regulations 2023
4. Government call for evidence: "Non-statutory flexible working" (opened on 20 July 2023, closed on 7 November 2023)
5. Acas consultation on the draft Code of Practice on handling requests for flexible working (opened on 12 July 2023, closed on 6 September 2023).
6. Higgs v Farmor's School [2023] EAT 89
7. Draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023
8. Rooney v Leicester City Council EAT/0064/20 & EAT/0104/21
9. Department for Work and Pensions policy paper "No time to step back: the government's menopause employment champion" (18 October 2023)
10. Government consultation on Code of Practice on Dismissal and Re-engagement (opened on 24 January 2023, closed on 18 April 2023)
11. Strikes (Minimum Service Levels) Act 2023
12. Government guidance "Minimum service levels (MSL): Issuing work notices" (16 November 2023)
13. Code of practice on reasonable steps to be taken by a trade union (minimum service levels)
14. Independent Workers Union of Great Britain v Central Arbitration Committee and Roofoods Ltd t/a Deliveroo [2023] SC 43
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