Employment law – what to expect in 2017 at a glance

Hot topics

1. Given that a substantial amount of domestic employment law is derived from Europe, including the Working Time Regulations (holiday entitlement, rest breaks, limit on the 48 hour working week) and the TUPE Regulations (protecting employees’ rights when the organisation or service they work for transfers to a new employer), Brexit remains a focal point.
2. Gender pay gap reporting will be introduced in April, with relevant employers (those employing 250+ employees) needing to capture and publish their first set of data within 12 months.
3. The debate on Employment Tribunal fees rumbles on with the Government’s review awaiting publication and a challenge in the Supreme Court

Key cases
2017 will see judgements in respect of the following:

1. Whether banning the wearing of a Muslim headscarf in the workplace amounts to direct religious belief discrimination.
2. Whether it is necessary for individuals claiming indirect discrimination to show that they have suffered a personal disadvantage (as well as a group disadvantage) as a result of the application of a provision, criterion or practice.
3. Whether it is necessary to show that a disclosure was of interest to the public as a whole, for the purposes of whistleblowing.
4. Whether workers are entitled to carry forward holiday into the next holiday year where they have been unable to take their holiday for ‘reasons beyond their control’.
5. Whether compulsory retirement of police officers can be objectively justified and is not indirectly discriminatory on the grounds of age.
6. Whether an employer who took reasonable steps, but not every possible step, to ascertain whether an employee was disabled, did enough to avoid having constructive knowledge of a disability for the purposes of a disability discrimination claim.

How these may affect your contracts of employment or staff handbook

Depending on the outcome of the key cases above, it may be worth reviewing your employment contracts and handbook policies in relation to dress code, disability/equality, retirement, whistleblowing and holiday, to ensure that they are consistent with the above decisions.
In relation to Brexit, although this could result in certain employment legislation being repealed or amended, we are unlikely to see changes in 2017.
Please remember, it is good practice to regularly review your contracts of employment and policies to ensure they are compliant and meet your organisation’s needs.

How can Askews help you?
Askews Legal LLP has a dedicated team of Employment specialists who can assist with any employment law issues. For further advice or a free of charge, no obligation review of your contracts, please contact Lianne Payne, Head of Employment at Askews Legal LLP (Lianne@askewslegal.co) or Click Here to enquire or call us on 02476 231000. Confidential Quick service assured.

Askews Legal LLP – Solicitors Coventry.