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As part of keeping you in our focus, our ‘legal lightbulb’ update ensures you’re on top of the latest changes in legislation, case law, and people trends.

Updated Code of Practice on ‘fire and rehire’

The government has published an updated Code of Practice (the Code) on dismissal and re-engagement (also known as ‘fire and rehire’). The position largely remains unchanged in that the practice should remain a last resort, but there have been a few tweaks:

  • Employers should contact ACAS before raising the prospect of fire and rehire with employees;
  • The Code doesn’t apply to redundancy situations, but will apply if redundancy and fire and rehire are both being considered (basically the Code applies for as long as fire and rehire is an option);
  • Employers are required to consult with employees ‘for as long as reasonably possible’ (there’s no minimum time period set);
  • Employers shouldn’t threaten dismissal if it’s not actually a possibility.

If an employer fails to follow the Code, a tribunal has the power to uplift any compensation awarded by up to 25%.

New bereavement bill proposes day-one right to shared parental leave

The Shared Parental Leave and Pay (Bereavement) Bill (the Bill) aims to introduce a day one right to shared parental leave (SPL) and pay for fathers or working partners upon the death of the mother of their child. In these circumstances, the Bill removes the requirement for 26 weeks’ service to qualify for SPL and for employees to have notified their employer three months in advance in order to take the leave. The Bill is still working its way through parliament and we’ll keep you updated with progress.

New menopause workplace guidance published 

The Equality and Human Rights Commission has published guidance for employers on menopause in the workplace. The guidance covers employers’ legal obligations in relation to menopause and the potential for it to be protected by the Equality Act 2010 (on the basis of age and sex), as well as adjustments that can be made to avoid possible discrimination risks. It also provides guidance on encouraging a more open culture on the topic so that employees feel more comfortable to talk, share and access any support they might need. We’ve got a menopause policy on Intelligent Employment to help get you started!

People diary dates – May 2024

05 – International Family Equality Day

13-19 – Mental Health Awareness Week

16 – Global Accessibility Awareness Day

17 – International Day Against Homophobia, Transphobia, Biphobia

Get in touch if you’d like to discuss anything we’ve covered in this update and how it might impact your business. 
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.