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In the case of Gallagher v McKinnon's Auto and Tyres Limited the Employment Appeal Tribunal needed to decide whether the Employment Tribunal at a preliminary hearing had been correct in deciding that the pre-termination discussions, purported to be a ‘Protected Conversation’ in accordance with s.111A of the Employment Rights Act 1996, were inadmissible in the Claimant’s claim for unfair dismissal. 

The Employment Rights Bill was introduced by Parliament on 10 October 2024. There are 28 individual reforms, many of which are subject to further consultation and will not be immediately in force (October 2026 being mooted for some of the changes).  

The Employment (Allocation of Tips) Act 2023 (“the Act”) comes fully into force today, 1 October 2024. 

On 26 October 2024 the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force. This Act makes provisions in relation to the duties on employers to take proactive steps to specifically prevent workplace sexual harassment (harassment which is of a sexual nature). It does not apply to the other protected characteristics under the Equality Act 2010 including harassment related to ‘sex’ (harassment due to the person’s specific gender). The duty is that employers should assume that its staff may face sexual harassment in the course of employment and take action to prevent it from happening. If sexual harassment does occur (or has occurred), the employer should then take steps to stop it happening again. 

Most settlement agreements are entered into when an employee’s employment is terminating. They are typically used in a redundancy situation or where there is a dispute such as an employee being placed on a performance improvement plan or following a grievance or other disciplinary action. As part of a settlement agreement the employee will agree to waive their rights to pursue claims against the employer usually in return for financial compensation. 

The draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (found here) (“the Legislation”) were announced on 8 November 2023 and are due to come into force on 1 January 2024.