In the latest edition of our ‘Need To Know’ employment and HR newsletter, we look at the new ACAS Guidance on Reasonable Adjustments for Mental Health, how to apply the causation test for ‘Something Arising in Consequence of Disability’ and whether regulation can change workplace culture at law firms.
- ACAS Guidance on Reasonable Adjustments for Mental Health
- Application of the causation test for ‘Something Arising in Consequence of Disability’
- Can regulation change workplace culture at law firms?
We also have included our usual HR Bullets – which cover other significant employment law updates from the past month.
HR Bullets
- Decision to strike out discrimination and victimisation claims is upheld by the EAT in Kaul v Ministry of Justice and ors [2023] EAT 41 on grounds of no reasonable chance of success, with claims based on undisputed and ordinary events that may occur in any grievance process.
- Guidance is set out by the EAT in Minnoch v InterserveFM Ltd and ors [2023] EAT 35 of when an unless order should be made; in which it found that the tribunal had erred in striking out multiple claims.
- In Mrs Bibi Adilah Rojha v Zinc Media Group PLC [2023] EAT 39 the EAT upheld an unless order requiring particularisation of some claims but which specified that if it was not complied with it would result in the strike out of the whole claim.
- In the case of Scheldebouw B.V v Mr Martin Evanson: [2022] EAT 157, the EAT upheld the decision that a settlement offer did not attract “without prejudice” privilege as it had been made before the parties had contemplated litigation.
- The First-tier Tax Tribunal held that IR35 rules did not apply to Gary Lineker, as he had a ‘direct contract’ with the BBC and BT Sport. Lineker and Bux v HMRC [2023] UKFTT 340 (TC). This case confirmed that IR35 would apply to general partnerships.
- The Upper Tribunal in Red, White and Green Ltd v HMRC [2023] UKUT 83 (TCC) (29 March 2023) confirmed that IR35 rules applied to a presenter providing services through a personal services company (to ITV), even though he carried out other activities as an independent contractor.
- The Court of Appeal upheld the decision to grant an interim injunction which severed part of the restrictive covenant referring to other group companies in Boydell v NZP Ltd [2023] EWCA Civ 373.
- New legislation could be made following the High Court’s decision in R. (on the application of The3Million and Open Rights Group) v Secretary of State for the Home Department [2023] EWHC 713 (Admin) which found that the “immigration exemption” in the Data Protection Act 2018 is, as currently drafted, unlawful. The exemption disapplies certain data protection rights for immigration control purposes.