Employment Tribunals

News & Analysis as of

UK Government Makes Moves in the Employment Space

The Conservative Government has settled in and turned its attention to the world of employment law. We update you below on five of its key moves. 1. Gender Pay Gap Reporting - The Government will enact legislation...more

Just how wide is the band of reasonable responses for misconduct dismissals?

In Newbound v Thames Water Utilities Ltd, the Court of Appeal has restored an Employment Tribunal’s decision that the Claimant was unfairly dismissed for a breach of his employer’s health and safety procedures....more

Should Voluntary Overtime Be Included When Calculating Holiday Pay?

Another decision has been handed down to clarify – or complicate – the position on which aspects of pay should be included when calculating an employee’s entitlement to holiday pay. The Court of Appeal in Northern...more

UK financial institutions: Whistling while they work?

Financial service companies in the UK may soon face the prospect of remodelling their whistleblowing procedures and nominating whistleblowing champions. The Public Interest Disclosure Act 1998 (PIDA) currently protects...more

Increase in UK Employment Protection Awards - May 2015

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation increased as of 6 April 2015. The key changes are set out below....more

New Tribunal Compensation Limits 2015

The annual increases in compensation took effect on 6 April 2015. The most notable changes are as follows: - The limit on a week's pay for the purposes of calculating statutory redundancy payments and the basic award...more

Final employment law changes for this Parliament

Vinita Arora, a Partner in our London office, comments: On Monday 30 March 2015, Parliament dissolved and the period of pre-election purdah began, meaning that the government will be unable to make decisions or announce...more

Holiday Pay – The Case Continues

In the latest in a long-running series of cases on holiday pay, the Employment Tribunal has handed down its first judgment in Lock v British Gas Trading Limited....more

Lock v British Gas - eagerly awaited holiday pay Judgment now handed down

The recent line of holiday pay cases has led to widespread media coverage suggesting some employers’ payroll costs are due to soar. Businesses have therefore been eagerly awaiting the Employment Tribunal’s decision in Lock v...more

Holiday pay decision in Lock v British Gas commission case

Kate Hodgkiss, a Partner in our Edinburgh office comments: The employment tribunal has handed down its decision in Lock v British Gas, one of the on-going holiday pay cases, this one concerning commission. Unfortunately the...more

UK update - TUPE service provision changes become more complex with the potential involvement of multiple clients and contracts

In Ottimo Property Services Ltd -v- Duncan and another, the Employment Appeal Tribunal has decided that, where several different clients change service provider at or around the same time, each individual service provision...more

Contractual flexibility clauses must be clear and unambiguous to give an employer a right to make unilateral changes

In the case of Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (“EAT”) confirmed that flexibility clauses in employment contracts which seek to give employers the right to make...more

What is an 'establishment' for collective redundancy consultation purposes?

The Advocate General has given a preliminary opinion in the case of USDAW & Wilson v Woolworths and others (“the Woolworths case”) on the question of whether there is a requirement to aggregate the number of employees across...more

Increase in UK Employment Compensation Limits

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2015, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

Collective Redundancy Consultation… “One Establishment” is Back

UK legislation provides that, when a UK employer proposes to make redundant 20 or more employees at one establishment within a period of 90 days or less, the employer is required to collectively consult representatives of...more

UK Employment Law – Things to Expect in 2015

Now that we have eased into 2015, it’s time to think about the key employment law issues we’ll be facing in the year ahead. The general election in May will, of course, hold most of our attention, but there are other...more

Successful Appeal Against Dismissal Automatically Revives Employment Contract

In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more

Collective redundancies: case law on the horizon

Adam Hartley, a Partner in our London office, comments: With the general election now firmly on the horizon, things have gone relatively quiet on the employment legislation front. However, attention now shifts to the courts,...more

Case Alert: Reasonable Adjustments in the Workplace

What happened? In Dyer v London Ambulance NHS Trust, the Employment Appeal Tribunal (EAT) decided that no reasonable adjustment could have been made for an employee who had a potentially life-threatening sensitivity to...more

New year - New social media policy?

Game Retail Limited v Mr C Laws - In what is thought to be the first such case involving Twitter, the Employment Appeal Tribunal has overturned an Employment Judge’s decision that an employee was unfairly dismissed...more

Offensive Twitter Comments and Unfair Dismissal

In Game Retail Limited v Laws UKEAT0188/14, the Employment Appeal Tribunal (EAT) considered whether the dismissal of an employee for tweeting offensive comments from a personal Twitter account was unfair....more

Contract Variations: Implied Acceptance?

In Wess v Science Museum Group UKEAT/0120/14/DM, the Employment Appeal Tribunal (EAT) considered whether an employee had impliedly accepted a variation of her contract of employment by continuing to work for 9 years, without...more

Case Alert: The Duty to Offer an Alternative Vacancy to Women on Maternity Leave

In Sefton Borough Council v Wainwright, the Employment Appeal Tribunal (EAT) held that employers must offer a woman on maternity leave a suitable alternative vacancy when they first become aware that her role is redundant or...more

Challenge to employment tribunal fees fails

Gurpreet Duhra, a Partner in our Sheffield office comments: The High Court has dismissed a second judicial review application by Unison challenging the introduction of employment tribunal fees. This means that, for now,...more

UK Employment Alert: UPDATE: Unite Will Not Appeal Holiday Pay Ruling

Unite, the trade union that backed the majority of the claimants in Bear Scotland v Fulton regarding the calculation of holiday pay, has announced it will not appeal the Employment Appeal Tribunal decision....more

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