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New UK Government Proposes Employment Legislation

After winning the general election last month, the new UK government has started to focus on the implementation of its manifesto pledges, as discussed in our previous alert. The King’s Speech, which took place on 17 July...more

UK Employment Law Update: Family Acts, UK Government Legislative Proposals and Recent Case Developments

At a Glance - The UK government has passed three family-related Acts that employers should be aware of: the Neonatal Care Act; the Protection from Redundancy Act; and the Carer’s Leave Act....more

U.K. Employment Law Update: Worker Status, Non-Compete Restrictions and COVID-19 Dismissal

Clarification on Worker Status - In Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229, the Court of Appeal (CoA) considered whether an obligation on the part of a worker to perform a minimum amount of work was...more

Employment Law Update: Employer Restrained from ‘Firing and Rehiring’, Dismissal for Raising Frivolous Grievances, and Employment...

Tesco Restrained From ‘Firing and Rehiring’ Employees In USDAW and ors v Tesco Stores Ltd [2022] EWHC 201 (QB), the High Court (HC) granted an injunction to restrain U.K. supermarket giant, Tesco, from ‘firing and rehiring’...more

U.K. Employment Tribunal Decisions: When Employees Refuse to Attend the Workplace for Fear of COVID-19

Recent Employment Tribunal (ET) decisions have shed light on the risks that can arise for employers where employees refuse to attend the workplace because of COVID-19 concerns. We consider below how ETs have dealt with claims...more

Can U.K. Employers Make COVID-19 Vaccinations Mandatory?

Many employers will be hoping to return to the workplace in 2021 and the newly approved vaccines are likely to play a major role in this push. In the U.K., the National Health Service (NHS) has begun its rollout of the...more

U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine

In the case of Duchy Farm Kennels v. Steels, the High Court considered whether a term of confidentiality in a COT3 settlement agreement was a condition of the agreement, in which case a former employee’s breach of that term...more

U.K. Employment Update: Statutory Changes Announced In Response To Coronavirus

The coronavirus pandemic has led to unprecedented changes and challenges for employers. In response, the U.K. Government has announced various measures to assist U.K. employers, who must now navigate a new array of U.K....more

Coronavirus: An Employer’s Action Guide (updated #3)

As the coronavirus continues to spread, employers should continually evaluate whether their prevention and response efforts are sufficient and appropriately tailored based on the latest information on the virus and their own...more

Coronavirus: An Employer’s Action Guide (Updated #2)

Daily headlines about the growing coronavirus threat have many employers concerned that they are not doing all they should to protect employees without undue disruption to operations. Here are some answers that may inform...more

Coronavirus: An Employer’s Action Guide (updated)

Daily headlines about the growing coronavirus threat have many employers concerned that they are not doing all they should to protect employees without undue disruption to operations. Here are some answers that may inform...more

U.K. Employment Law Update: Statutory Changes, New 'Section 1 Statement' Requirements and IR35 Tax Changes

Statutory Changes to U.K. Employment Law - National Minimum Wage 2020 - The minimum hourly wages will increase from 6 April 2020: •The National Living Wage for those aged 25 and above will increase from £8.21 to...more

Coronavirus: An Employer’s Action Guide

Daily headlines about the growing coronavirus threat have many employers concerned that they are not doing all they should to protect employees without undue disruption to operations. Here are some answers that may inform...more

U.K. Employment Law Update: Holiday Pay for Part-Year Workers, Disclosures in the Public Interest and Vegetarianism as a...

Holiday Pay for Part-Year Workers - In Harpur Trust v Brazel [2019] EWCA Civ 1402, the Court of Appeal considered how the holiday pay of a part-year worker should be calculated. Ms Brazel was employed as a visiting...more

U.K. Employment Law Update: Social Media Discrimination, Impaired Vision and Occupational Health Reports

Was an Employer Liable for an Employee’s Discriminatory Acts on Social Media? In Forbes v LHR Airport Ltd UKEAT/0174/18/DA, the Employment Appeal Tribunal (EAT) considered whether an employee’s discriminatory acts on...more

U.K. Employment Law Update: Accrued Holidays, Disability Benefits and Age Discrimination

If Accrued Holidays Are Not Used, Will They Be Lost? In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the...more

U.K. Employment Law Update: Employment Law Reform, Uber’s Appeal and Proportionate Pay

The U.K. government has published its Good Work Plan. The report’s proposals seek to implement most of the recommendations in the Taylor Review of Modern Working Practices, which we reported in 2017 and 2018. The government...more

U.K. Employment Law Update: Employer Liability, Whistleblowing Dismissals and Trial Periods in Redundancy

Was an Employer Liable for an Assault Committed by one of its Employees on Another? In Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214, the Court of Appeal considered whether an employer was liable for an...more

U.K. Employment Law Update: Collective Redundancies, Post-Termination Restrictions and Disability Discrimination

Collective Redundancies: What Is an “Undertaking Controlling the Employer?” In Bichat v Aviation Passage Service Berlin GmbH & Co KG [2018] C-6117, the European Court of Justice (ECJ) considered the meaning of an...more

U.K. Employment Law Update: Transfer of an Undertaking Hits a Roadblock, Whistleblower Disclosures and the Latest in Employment...

Did a Temporary Break in Activities Prevent the Transfer of an Undertaking? In Colino Sigüenza v Ayuntamiento de Valladolid (C-472/16), the European Court of Justice (ECJ) considered whether a five-month break in...more

U.K. Employment Law Update: Rising Employment Tribunal Claims, Serious Employee Misconduct and Who Is the True Employer

A Year on: The Continued Rise of Employment Tribunal Claims - The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for April to June 2018. These quarterly statistics are of particular...more

U.K. Employment Law Update: Notice of Termination, Disability Discrimination and Summary Dismissals

When Is Notice of Termination Effective? In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2018] UKSC 22, the U.K. Supreme Court upheld last year’s Court of Appeal decision, reported by us here, that where an...more

U.K. Employment Law Update, July 2018

All Things Brexit - Earlier this month, as the latest formal development concerning Brexit, the U.K. government published a White Paper entitled ‘The Future Relationship between the United Kingdom and the European Union’...more

U.K. Employment Law Update: The Latest on the Gig Economy, When Are Contractual Variations Accepted, and Can Accepted Breaches Be...

U.K. Supreme Court: The Latest on Employment Status in the “Gig” Economy - In the latest high profile “gig” economy decision, the U.K. Supreme Court has held in Pimlico Plumbers Ltd & another v Smith [2018] UKSC 29 that Mr...more

U.K. Employment Law Update: Disability Discrimination, ‘Bumping' in a Redundancy Situation and Service Provisions Changes Under...

Court of Appeal: Disability Discrimination & Reasonable Adjustments - In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more

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