Employment law predictions 2023: Key themes for the year ahead

Read Time
3 mins
Published Date
Feb 9, 2023
Following the success of our Employment Law Horizon Scanning webinar that took place earlier this year we have released our predictions for 2023.

Investigations in the spotlight

Sarah Henchoz anticipates that workplace investigations will come under increasing scrutiny. Expect to be challenged about the scope of the investigation process, the choice of investigators and whether they might be biased or lacking the right skill sets, the type of questioning and the complainant’s ability to review the evidence collated, as well as how those involved in the investigation process have been supported from a duty of care perspective. Join us for our Investigations webinar on 1 March when we’ll share our experience of these matters in the context of managing sensitive, personal investigations.

More whistleblowing

Kate Pumfrey points out that employers have worked hard to encourage employees to speak up, to promote whistleblowing arrangements and to build employee trust in them. With this infrastructure in place, we can expect to see a rise in internal reporting. This trend raises the stakes where those whose jobs are at risk point to the role of whistleblowing in decisions that have affected them, to exert pressure and claim uncapped compensation against employers and individual respondents. The importance of strong whistleblowing processes has never been more apparent.

New interest in old remedies

Hannah Crisp predicts that claimants will increasingly seek reinstatement and re-engagement as unfair dismissal remedies. In the past, these have been little used and rarely ordered by Employment Tribunals. However, recent case law, coupled with the anticipated economic downturn and job security concerns, will make these a valuable weapon in claimants’ armoury, given the added incentive of back pay awards and additional compensation potentially available where employers refuse to comply.

Find out more

If you missed our webinar you can request a copy of the recording here. To keep up to date with what’s on the agenda for Employment Law this year sign up to Employment Talk.

Content Disclaimer
This content was originally published by Allen & Overy before the A&O Shearman merger