DMH Stallard Employment Law Updates

Employment Law highlights from 2024 and looking ahead to 2025

In this latest episode, our expert Employment lawyers take a look back over important changes and key developments in the law that we saw in 2024, and can still expect to see in 2025.
Our experts also look through the key employment law cases of the last 12 months and the cases of note going through the tribunals and courts in 2025. We also provide an update on legislation not just from the Labour government’s plans, but other changes HR managers and employers need to look out for.
Review of Employment cases from 2024
Disciplinary Processes: Weir -v- Citigroup Global Markets Ltd
Googling Candidates: Ngole -v- Touchstone Leeds
Serial Complainants: Hope –v- British Medical Association
Holiday Pay: De Mello -v- British Airways PLC
Guidance on proportionality in belief / freedom of expression cases: Higgs -v- Farmor’s School
Agency Workers: Donkor-Baah -v- University Hospitals Birmingham NHS Trust and ors
Redundancy: Maternity Leave: Carnival Plc (ta Carnival UK) -v- Hunter
Key employment legislation from 2024
Annual Leave and Holiday Pay (from 1st January 2024)
Flexible working (from 6th April 2024)
Fire and Rehire (from 18th July 2024)
Reasonable steps to prevent sexual harassment (from 26th October 2024)
Looking ahead to 2025 and beyond
Employment Rights Bill: Unfair Dismissal
Unfair dismissal: Ongoing consultation
Flexible working changes
Prevention of sexual harassment
Trade Unions
Fire and rehire
Bereavement leave
Parental leave and paternity leave
Pregnant / maternity returners
Speakers in this podcast episode include Employment Partners Greg Burgess and Will Walsh for DMH Stallard LLP. 

Discrimination and religious beliefs – case of Higgs v Farmor's School

In this latest podcast, our employment law experts discuss the developments in discrimination following the recent Court of Appeal decision in Higgs v Farmor's School.
This case highlights the challenge for employers of balancing staff’s competing protected characteristics under the Equality Act. In this case, the way that Mrs Higgs expressed her Christian beliefs in Facebook posts led to her dismissal from her role at Farmor’s School, where she had worked for a number of years.
Mrs Higgs then brought a claim alleging her dismissal was discriminatory as she said it was because of her religion and beliefs. But did the Courts agree?
Our speakers for this podcast include employment partners Rustom Tata and Greg Burgess.

Right to work checks and illegal working in the digital age

Illegal working is big business, not only in terms of the sums made by those who facilitate it, but also in the penalties that are issued to employers (in the year to March 2024 employers were issued with fines totally £8m).
The Home Office's guidance in this area changes regularly, partly to reflect changes in the immigration rules, but also to try to keep pace with the changing landscape of illegal working. This makes it so important for employers to stay on top of their compliance processes. Rapid advances in modern technology create new opportunities for illegal workers to find their way into an organisation under false pretences which increases the risk of businesses unwittingly becoming exposed to non-compliance and hefty fines.  In this episode, we will be looking at how employers can stay up to date and adopt the robust procedures needed to manage these threats, whilst at the same time ensuring that the issue doesn't become so burdensome that it undermines operational efficiency. 
How can an employer balance out these competing risks? Can the advances in technology support the prevention of illegal working and mitigate the risks for employers? Hosted by Immigration and Employment expert Adam Williams, with our guest speakers for this episode including Julia Terry (HR director for Tenpin), and Tony Machin (CEO at leading provider of identity verification services, TrustID).

Return to office working

In this episode, our employment experts discuss the challenges for employers in a post-Covid world who are now asking their employees to return to office-based working.
The Covid-19 national lockdown led to a dramatic shift in the way many businesses operate, initially with an immediate move to full home working, which has been followed by an extended period of flexible working practices. Almost 5 years on, the health and safety factors that drove the move to the flexible working patterns have long since disappeared, however huge numbers of office workers across the UK continue to adopt hybrid working practices. Employers who have tried to encourage increased days in the office on an informal basis have seen mixed results, leading many to consider whether a more formal approach is needed.
For most office-based roles, it is now rare to see an employer mandate a five-day working week in the office. For many employees, it has become an expectation that they will still spend significant portions of their working week working remotely from home and have adapted their lifestyles accordingly.  A less flexible approach for employers can become a difficult issue for both recruitment and staff retention as a result. But has there been a shift in what employers want or need in recent times and is the current level of flexibility still the best fit for their businesses? 
According to reports, Amazon has asked its admin team to return to the office full time from January 2025, rather than working two days from home. Tesco's has asked its staff to increase their office attendance, whilst sports retailer JD sports has asked its head office employees to work from the office for at least four days a week, rather than whenever they wish. What impact does it have from a legal and commercial perspective to get people back into the office? Are we about to embark on a shift back to office norms of pre-pandemic times? For those employers who do need more office based working moving forward, what challenges do they face after allowing more flexibility for such an extended period of time?
Hosted by employment partner Abigail Maino, with employment partners Will Walsh and Greg Burgess joining the discussion to share their valuable insights. 

Relationships in the workplace

In this latest podcast, our Employment experts explore the complexities of managing relationships in the workplace including the legal and operational challenges for employers. We look at the potential risks and benefits of workplace relationships, and how best to manage them when things go wrong. With sexual harassment being a more significant focus due to new employer duties, we also look at the broader question of whether workplace relationships should be encouraged and the best practices to managing them effectively.
Hosted by Employment Partner Adam Williams, with Employment Partners Rustom Tata and Abigail Maino joining the discussion to share their valuable insights.

Labour government's new employment law reforms

In this latest Employment Law podcast, our experts discuss the new employment law proposals introduced by the UK Labour government. What are the potential implications of these changes for business owners and HR professionals? How might this impact workplace policies, employee rights and recruitment?
Hosted by Employment Partner Abigail Maino, with Employment Partners Stephen ten Hove and Greg Burgess joining the discussion to share their valuable insights.

Future of AI in the workplace - what employers need to consider

In this latest episode, our experts explore the fascinating and complex world of artificial intelligence (AI) and its impact on the workplace. The discussion highlights the rise of generative AI, like ChatGPT, and examines the associated risks, uncertainties, and opportunities it presents.
Key topics covered in this episode include data protection, confidentiality, potential discrimination issues, and the limitations and inaccuracies of AI. The episode also addresses how businesses should navigate these challenges and leverage AI effectively while considering its implications for the workforce.
Hosted by Employment Partner Abigail Maino and joined by Employment Partner Stephen ten Hove, along with guest speaker Andrew Hickey, an enterprise technology specialist who aids corporations in digital transformation and the adoption of emerging technologies such as generative AI.

Corporate leadership in addressing modern slavery risk

In this latest episode, host Adam Williams delves into the pressing issue of modern slavery which can encompass various forms such as forced labour, forced marriage, debt bondage, human trafficking, and the exploitation of children.
As awareness and legislative actions increase globally, organisations face growing pressure to address modern slavery within their operations and supply chains. This episode explores the evolving expectations from stakeholders and the challenges of prioritising issues without immediate financial returns. The discussion also touches on the broader context of ESG (Environmental, Social, and Governance) frameworks, where the social element is gaining more importance.
Our special guest for this episode is Colleen Theron, a tri-qualified lawyer and CEO of Ardea International. Colleen brings her extensive expertise in sustainability, business, and human rights to the conversation, sharing insights on compliance and voluntary initiatives. Also joining this discussion are Commercial Partner, Debbie Venn, and Employment Partner Rebecca Thornley-Gibson, who contribute their valuable insights on how organisations can lead in mitigating modern slavery risks.

International trade and trading across borders; the financial and legal implications

Many businesses engaged in international trade are navigating through a period of significant change and uncertainty. Factors such as inflation, high interest rates, debt distress, geopolitical tensions, and international conflicts have created a complex landscape. In this episode, we delve into the risks and opportunities confronting businesses involved in global trade or aspiring to expand their international footprint amidst the current economic climate.Led by Employment & Immigration Law Partner, Adam Williams, and joined by Commercial Partner, John Yates, along with guest speaker Martin Hamilton, from Menzies LLP, our discussion explores the dynamic challenges and potential avenues for growth in the global marketplace.
 
 
 
 

Restructuring and employment aspects of Insolvency

In this episode, our legal experts look at what is an insolvency event and the key elements to consider when a company falls into administration. What support is there for businesses and employees who find themselves in such situations and why is it important to take expert legal advice early in the process?
Hosted by Employment & Immigration Law Partner, Adam Williams, with Employment Partner, Rebecca Thornley-Gibson and Insolvency Partner, Michael Lynch also joining the discussion.