In July 2022, the law changed to allow employment businesses to supply workers to cover the duties of those taking part in official industrial action. Previously, it had been a criminal offence to do so. Following a successful judicial review challenge brought by unions, that law has been quashed. It is once again a criminal offence to supply agency workers to cover the duties of workers on an official strike, or to supply agency workers to cover the duties of other workers reassigned to cover striking workers.

The EAT has confirmed that a decision to dismiss based on “tainted information” given by another individual to the decision-maker would not make the dismissal discriminatory unless the decision-maker themselves were motivated by the protected characteristic in question.

This bulletin covers the period of October 2022 to March 2023 and includes a decision of the Central Arbitration Committee (CAC) on the limitation period for bringing a Regulation 20 claim under the Transnational Information and Consultation of Employees Regulations 1999 and two interesting Employment Appeal Tribunal decisions considering: (i) whether the CAC has jurisdiction to hear complaints post Brexit where central management is situated in the UK, and (ii) whether the duty to inform and consult arises where collective redundancies are happening in multiple European Economic Area states but there is no common rationale for the redundancies.

Our latest sustainability guide, ESG Policy Guide – The Future of Sustainability Legislation for Luxury, has been developed in collaboration with Positive Luxury, the company behind the Butterfly Mark, a unique mark awarded to luxury lifestyle brands, retailers and suppliers in recognition of their commitment and verified actions to creating a positive impact on our world. It features recent and upcoming developments in ESG legislation and policies in the US, UK and the EU and explains how these impact the luxury, fashion, and cosmetics industries.

A recent EAT decision has held that an employee cannot settle statutory employment claims arising from events that have not yet happened. In doing so, it departed from existing case law that indicated it was possible to settle such claims in some circumstances.

This edition of the “Working with Unions” bulletin covers the period of April to September 2022 and includes: (i) the decision of the Employment Appeal Tribunal in INEOS Infrastructure Grangemouth Limited v Jones & Others and INEOS Chemicals Grangemouth Limited v Arnott & Others, clarifying the scope of the unlawful inducements in collective bargaining provisions under section 145B of the Trade Unions and Labour Relations (Consolidation) Act following last year’s Supreme Court decision of Kostal v Dunkley, and (ii) the Court of Appeal’s decision in USDAW and others v Tesco Stores Ltd which reversed the High Court’s decision to grant an injunction preventing the employer from dismissal and reengagement.

The UK’s political upheaval and fiscal policy changes are much-publicized. But where do we stand on recently proposed changes to employment law as Rishi Sunak starts his premiership? One of the Truss government’s tax proposals – repealing IR35 changes – might have had a significant effect on contractor workforce planning. However, this was abandoned and the current IR35 rules will remain. Conversely, for the time being, the government is pursuing its plans to limit the disruption caused by strike action in the transport sector. Similarly, the removal of the cap on bankers’ bonuses is still on the agenda. Also on the horizon is the potentially ground-changing proposal to scrap all retained EU law, which in theory could include TUPE.

Modern slavery is an umbrella term for practices which share a common element of force or coercion. The International Labor Organization estimated that, globally, 40.3 million people were working in conditions which could be described as modern slavery in 2016. As a result of the increasingly international reach of modern slavery legislation, many companies with global footprints are modifying their organization to ensure compliance across their business, for example by preparing modern slavery statements which tick off compliance requirements in several jurisdictions. Legislative change is expected in the UK, Canada, and under the EU’s proposed Corporate Sustainability Due Diligence directive.

The Baker McKenzie London Employment team is delighted to welcome you back to our Industrial Action webinar miniseries with our third and final episode. Episode three breaks down some of the key contingency planning considerations for companies that are experiencing a sustained spell of industrial action, including practices to help keep the business moving, legal risks that can occur during strike action, and steps you should take, such as a proactive communications strategy, to mitigate and avoid these risks.

The Baker McKenzie London Employment team is delighted to welcome you back to our Industrial Action webinar miniseries with episode two, where we explore what businesses should do when they receive a ballot notice and the potential legal challenges and pitfalls that often arise. The contents of the ballot notice, ballot paper and industrial action notice are often key areas of dispute when there are challenges to the industrial action process, and are key considerations when organizations are considering injunctive relief.