This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more
Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...more
April was a smorgasbord of developments, with a UK Supreme Court case on detriments and industrial action and two EAT decisions on international jurisdiction. In Parliament, another family-friendly bill is proceeding with...more
In March the government confirmed that changes to paternity leave, additional redundancy protection for pregnant employees and new parents and the right to carer’s leave will come into force in April as planned. We’re...more
Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more
At the end of January 2024, the UK Government set out a surprise proposal to introduce a £55 fee for individuals to bring proceedings in the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT). This would be a...more
Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more
Our October update includes a significant Supreme Court decision on how to treat historic underpayments of holiday pay, a preliminary tribunal hearing on whether a belief in race equality that opposed critical race theory was...more
Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more
In this month's instalment, our team highlights the recent ACAS guidance on whistleblowing and employee absences, potential issues with legal advice privilege, workers’ rights in respect of holiday pay on termination and the...more
Our May update includes cases on the removal of an EAT panel member for bias in a case involving religious belief and the teaching of children about same sex marriage, the effect of a CPO which prevents individuals from...more
Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more
Our October update includes new case law on Long Covid/disability discrimination, confirmation of limits on the scope of protected philosophical beliefs, and a tricky case on extending discrimination time limits. It also...more
Our July update includes new case law on Long covid being held to be a disability, challenging the privileged status of “without prejudice” correspondence, and an unfair dismissal case in which a Tribunal made an overall...more
Our June update looks at case law developments relating to health and safety dismissals for remaining away from/expressing concerns about Covid in the workplace, the consequences of not complying with the strict requirements...more
Our May update considers key employment law developments from April 2022. It includes an interesting case on specific disclosure requests, details about the future “road map” for employment tribunal proceedings, the new code...more
Our April update considers key employment law developments from March 2022. It includes a new case on non-compete covenants, increases to statutory pay limits, changes to right to work checks and a case looking at the...more
In this issue, we examine the latest employment law developments, news and insights from the U.K., including a Supreme Court decision on when pay offers to union members outside the collective bargaining process are unlawful,...more
Was a Redundancy Dismissal Unfair Because of Lack of Appeal? In Gwynedd Council v (1) Barratt (2) Hughes [2021] EWCA Civ 1322, the Court of Appeal (CA) considered whether an employer’s failure to give an employee an...more
Our October 2021 update includes recent case developments with regard to whether a lack of an appeal renders dismissals unfair, the concept of “working time” under the Working Time Directive as well as less favourable...more
In Gwynedd Council v Barratt the UK Court of Appeal confirmed that a redundancy dismissal will not be unfair solely because an employer has not offered an employee a right to appeal. However, failing to offer an appeal...more
COVID-19- automatic unfair dismissal for employee who remained in Italy during outbreak - A Tribunal has found, in the case of Montanaro v Lansafe Limited, that an employee who had travelled from the UK to Italy for the...more
If not now then when? Tribunal should have identified when jurisdiction established - An employment tribunal only has jurisdiction to hear claims under the Employment Rights Act 1996 and Equality Act 2010 if the claimant...more
Our May 2021 update considers key employment law developments from April. It includes recent cases on automatic unfair dismissal in the context of serious and imminent danger arising out of COVID-19; when it is appropriate...more
The Supreme Court of the United Kingdom has held in Asda Stores Ltd v. Brierley and others that Asda supermarket retail employees can appoint Asda depot workers as their comparators in an equal pay claim despite their working...more