Podcast: Key employment cases of 2022/2023
We reflect on the key decisions from last year and look forward to the case law trends likely to emerge in 2023. These include cases on: gender identity, holiday pay, coronavirus-related health and safety cases, industrial action, and dismissal and re-engagement.
The cases that we discuss consider the following questions:
- When is a gender-critical belief protected under the Equality Act 2010?
- Can it be fair for an employer to dismiss an employee who refuses to attend work for coronavirus-related health and safety concerns?
- When are workers who participate in industrial action protected from being subjected to a detriment?
- Are claims for historic failures to pay overtime in holiday pay time-limited?
- How should employers calculate holiday pay for term-time workers?
- Can an employer impose new terms on employees by dismissing and rehiring them on terms that are generally less favourable?
17/01/2023: Since recording, the Supreme Court has granted USDAW leave to appeal the Court of Appeal's decision in USDAW and others v Tesco Stores Ltd.
Want to learn more?
- Employment law cases: Cases on appeal
- Religion or belief discrimination: Consultant discriminated against for gender-critical belief
- More episodes from The XpertHR Podcast