HR briefing - February 2024

28 February 2024

Welcome to this month's briefing for HR teams and in-house employment counsel – bringing you employment law highlights in an easy-to-read package with our monthly podcast.

Podcast: misconduct and financial services

In this month’s edition, senior knowledge lawyer, Matthew Ramsey, talks to senior associate, Laura Bridgewater, from our Litigation & Dispute Resolution team about the FCA’s continuing focus on non-financial misconduct, a focus that is increasingly shared by regulators across industry sectors. Listen to the podcast.

Dismissal and re-engagement

The Government has published its updated draft Code of Practice on dismissal and re-engagement – or “fire and rehire”. The draft Code has undergone some revisions since its original version, but the fundamental thrust continues to be that dismissing staff and offering to re-engage them on different terms and conditions of employment should always be the last resort, and only undertaken after consultation with those affected. If the draft Code is approved by Parliament, it will take statutory force, so will be able to be taken into account by Employment Tribunals in litigation, with unreasonable failures to follow the Code triggering potential uplifts in compensation.


The effects of the menopause on women at work can be significant. Many employers are rightly beginning to take this issue more seriously, and to draft policies specifically directed at ensuring women going through the menopause or peri-menopause are supported, and not disadvantaged. The Equality and Human Rights Commission has now produced some useful guidance for employers, focussing on the possible discrimination law implications. As the guidance notes, it is possible for the symptoms of the menopause to give rise to disability discrimination protections – indeed, such a ruling has already been made in at least one Employment Tribunal case. This is clearly a topic with which all clients should meaningfully engage.