Motor Industry - Employment Law Bulletin
Legal Updates for the Retail Motor Industry
Whilst we all await the good weather to return, in our Summer update we are looking at important news and decisions over the last few months. Firstly, we look at the Employment Relations (Flexible Working) Act which has just passed through Parliament and will become law. Secondly, we discuss some proposed changes to Working Time Regulations and TUPE which are likely to be good news for employers.
In our Winter update we looked at developments in 2023. None of the matters flagged have yet come to pass (albeit it is still early in the year). In the Spring update we are therefore going to look at the usual April changes to statutory rates, which are important to all employers.
With the current political turmoil, this autumn it seems impossible to predict the future course for employment law over the next few years. Those of you following updates over the course of the last few years will be aware that the Employment Bill had substantial changes to employment law, but then did not form part of the (then) Queen’s Speech and nor did many of the proposals seem part of the Truss Government’s agenda. The Government has however recently published the Retained EU Law (Revocation and Reform Bill) which could lead to large changes in employment law, albeit the progress of the Bill is still as uncertain as ever in the present political climate.
In the last two quarterly updates, we have been speculating on whether or not the array of proposed Employment Law Legislation, which was contained in the Employment Bill, would progress into Law. The Queen’s speech has, for now at least, answered a firm ‘no’ to that question.
In the last update we looked at potential changes this year and speculated how “events” can sometimes throw a Government off its legislative agenda. How right we were. It remains to be seen now whether all of the proposed developments in 2022 will take place, or whether the Ukraine crisis might provide a delay to some of the proposals.
As we begin 2022, we thought (as well as digressing to look at a recent case on employment status) that we would look forward to employment law changes that are anticipated in 2022. As readers of this bulletin will be aware, Covid-19 has led to a relative freeze in legislative development as the Government’s time has been taken with the pandemic. We therefore look at what changes we could anticipate in 2022 and beyond.
As regular readers of this update will be aware, the Covid crisis over the last couple of years has had two major impacts on UK employment law. Firstly, it has created whole new areas of advice, for example in understanding the intricacies of furlough, interpreting the ever-changing guidance for employers during the crisis and in dealing with long Covid. Secondly, however, it has absorbed all the Government’s time and has led to the statute books being relatively quiet. There is no change to that this season, so we are looking at some case law updates.
Thankfully the warmer months have now arrived; and with most of the coronavirus restrictions now having been lifted across the UK, fingers crossed that this summer will be a little more enjoyable than last. In this quarterly update we take a look at the Government’s updated guidance following the latest lifting of restrictions in England (separate rules are being applied in Scotland and Wales). We go on to look at some interesting case law relating to loss of earnings awards in discrimination claims; and gender-critical beliefs in the workplace.