November employment law newsletter out now!

Welcome to November's employment law newsletter

In our November newsletter, we highlight two draft guidances on employment practices by the Information Commissioner's Office (ICO), currently out for consultation; a new website launched by the Government to help employers assist employees with health issues and disability; and the increase in the national living wage. We also celebrate our team progressing to Tier 1 in two Chambers and Partners Circuits and a record 15 individual rankings. 

Analysis is provided by
our barristers and pupil as follows:

Sarah Clarke reviews the implications for employers and practitioners of the judgment in Bathgate v Technip UK Ltd et al [2022] EAT 155: EAT, in which future, unknown discrimination claims cannot be settled under a settlement agreement.

Alex Leonhardt considers Hilco Capital Limited v Denise Harrington [2022] EAT 156, a case confirming the need for evidence from claimants seeking compensation for labour market disadvantage following a dismissal.

Emma Greening analyses University of Dundee v Mr Prasun Chakraborty [2022] EAT 150, an EAT judgment which confirms that unprivileged documents are unlikely to acquire privilege retrospectively, even if the nature of advice given could be inferred from them.

3PB's employment law team promoted to Tier 1 in two Circuits

3PB’s employment team achieved a record 15 individual rankings in Chambers & Partners 2023 and was promoted to Tier 1 in two Circuits (Western and South Eastern).

Congratulations to our barristers and many thanks to our clients and referees for their ongoing, positive feedback.

Draft ICO guidances out for consultation 

The Information Commissioner’s Office (ICO) has published draft guidance on two important topics relevant to employers: processing information about the health of workers, and monitoring people while at work.

Both are the subject of public consultation until January 2023. Those with expertise or a specific interest in either area may wish to contribute to that process, and in any case the draft guidance gives advance warning of the likely content of the guidance in these two areas of great importance to HR professionals and those who advise them.

New government resource for employers to help employees with health and disability

The government has launched a new website aimed at smaller businesses and providing free advice on how to manage staff who may be in or out of work with a disability or long-term health condition in a user-friendly online Q&A format.

Real Living Wage set to increase by 10.1% to benefit 390,000 Living Wage workers

The Living Wage rates has risen to £10.90 an hour across the UK (£1 increase), and to £11.95 an hour in London (90p increase). These increases will benefit almost 400,000 people working for over 11,000 real Living Wage Employers.

Future, unknown discrimination claims cannot be settled under a settlement agreement

Sarah Clarke reviews Bathgate v Technip UK Ltd et al [2022] EAT 155: EAT, in which the EAT makes clear that future claims cannot be compromised in settlement agreements under s147 EQA.

Sarah further explores what employers and practitioners could do contractually, to ensure that future claims do not
arise, in light of this EAT judgment.

Labour market disadvantage and the need for evidence

Alex Leonhardt analyses the case of Hilco Capital Limited v Denise Harrington [2022] EAT 156, in which the EAT considered the evidential burden in respect of claims that an ex-employee suffers disadvantages in the labour market arising from stigma related to whistleblowing or bringing claims against their former employers.

Unprivileged documents cannot acquire privilege retrospectively

Emma Greening summarises the case of University of Dundee v Mr Prasun Chakraborty [2022] EAT 150, in which the EAT ruled that an original un-amended document does not become retrospectively privileged even in circumstances where a comparison to the final version might allow inferences to be drawn about the legal advice given.

Meet the team

3PB’s employment law group offers expert advisory and advocacy services to private and public sector employers across all areas of employment law including unfair dismissal, discrimination, equal pay, industrial disputes, executive contracts, wrongful dismissals, restrictive covenants, whistleblowing, TUPE, injunctions, pensions disputes and disciplinary proceedings.