In the United Kingdom's first appeal case on the operation of a European works council, the Employment Appeal Tribunal (EAT) has ruled that European works councils cannot slow down managerial decision making by delaying the provision of an opinion after being informed and consulted. The EAT's decision is unsurprising but nonetheless welcome for employers.
As part of a flurry of responses and new consultations issued in the last days of Theresa May's government, the response to the consultation on measures to prevent the misuse of confidentiality clauses in the workplace was published. It sets out a number of significant legislative proposals which, when implemented, will necessitate redrafting of these clauses in both employment contracts and settlement agreements.
What might a no-deal Brexit mean for UK employment rights? What could employers do now to prepare? And what might the future hold in a no-deal scenario? Prime Minister Boris Johnson is clear that he would be prepared to leave the European Union without a deal if necessary and the current legislation commits the United Kingdom to leaving the European Union at 11:00pm on 31 October 2019. Thus, it seems like a good time to revisit the employment law implications of a no-deal Brexit for employers.
The Court of Appeal recently found that it is unlawful to discriminate against a person because of a mistaken perception that they have a progressive condition which would make them unable to perform the full functions of a role in future. This decision confirms that the test is not whether the discriminator believes that the impairment meets the legal definition of 'disability', but whether they believe that it has those features. However, beyond this point, the case has raised some difficult issues.
The EU Work-Life Balance Directive introduces new rights for carers and working parents. If the United Kingdom needs to comply (or if it chooses to do so), UK employers must make several changes to their existing family leave and pay framework. For example, although the United Kingdom provides a right to paternity leave and pay, both rights are currently subject to a six-month service requirement. To comply with the directive, the service requirement for paternity leave (although not pay) would need to be scrapped.