Podcast: Key employment cases of 2022/2023

The HR & Compliance Centre Podcast

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.

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