CI: Xfail less on Python 3.10
- [ ] closes #xxxx
- [ ] tests added / passed
- [ ] Ensure all linting tests pass, see [here](https://pandas.pydata.org/pandas-docs/dev/development/contributing.html#code-standards) for how to run them
- [ ] whatsnew entry

Thanks realead for fixing the tests.

this ok to backport? these were related to @realead patches that we *did* backport? Yep should be #42135 and #41988 iirc. great thanks @lithomas1  @meeseeksdev backport 1.3.x Something went wrong ... Please have  a look at my logs.