IDS Number 1157 | January 2023 Highlights this month: Employment Law Brief Legislation and case law explained Key cases · Equal pay: burden of proof does not shift when determining preliminary issues · Claim of knowingly aiding an act of victimisation caught by COT3 · Employee who refused to return to work during lockdown not automatically unfairly dismissed · Definition of 'woman' in Equality Act 2010 not limited to biological or birth sex Short report · Dismissal 'vanished' upon successful appeal even though employee did not want reinstatement Features Employment legislation and policy for 2023 Cases to look out for in 2023 Online at westlaw.co.uk the answer company™ THOMSON REUTERS®
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IDS Employment Law Brief Legislation and case law explained Number 1157 | January 2023 IDS Employment Law Brief provides timely, authoritative comment on employment law for legal and HR professionals. It covers key cases in the courts and tribunals, and assesses the practical implications for organisations. 2 Scottish gender recognition reforms lead to constitutional clash 3 Equal pay: burden of proof does not shift when determining preliminary issues 7 Claim of knowingly aiding an act of victimisation caught by COT3 Arvunescu v Quick Release (Automotive) Ltd, Court of Appeal IDS EMPLOYMENT LAW BRIEF ISSN: 1748-2828 10 Employee who refused to return to work during lockdown not automatically unfairly dismissed Rodgers v Leeds Laser Cutting Ltd, Court of Appeal Head of Employment Law: Robert Pullen 14 Definition of 'woman' in Equality Act 2010 not limited to biological or birth sex Employment Law Editors: Sarah Leverton, Tim Barrow, Toby Sanders Legal Research Team: Sarah Bennett, Rachael Burles, Nadine Kleinsimon Production: Karthik Mohareer Forewords Key cases Element and ors v Tesco Stores Ltd, EAT For Women Scotland Ltd v Scottish Ministers, Court of Session (Outer House) Short report 18 Dismissal 'vanished' upon successful appeal even though employee did not want reinstatement Marangakis v Iceland Foods Ltd, EAT Contact: IDS, 5 Canada Square Canary Wharf London E14 5AQ 20 Employment legislation and policy for 2023 24 Cases to look