News & Analysis as of

United Kingdom Employment Tribunals

BCLP

Unlawful Deductions Claims and Tricky Time Limits

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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

BCLP

Balancing Protected Characteristics - Religious Belief v Sexual Orientation: Ngole v Touchstone Leeds

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This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more

BCLP

UK HR Two-Minute Monthly: June 2024

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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

Dorsey & Whitney LLP

Key Insights on Unfair Dismissal Laws in the UK for US-Based Employers

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A recent British legal case, which could impact U.S. and other international companies, has reinforced the complexities of cross-border employment, particularly where group companies are involved. The fact that a US company...more

Hogan Lovells

Employment in the news | April 2024

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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

Littler

Firing and Rehiring in the UK: A New Code

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New statutory guidance has been published about controversial “fire and rehire” practices, where an employer dismisses a worker to then rehire them on different terms — a tactic typically used to compel an employee to accept...more

Dechert LLP

The Employment Edit - Issue 8 - Spring 2024

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New right to take carer’s leave - The Carer's Leave Act 2023 and The Carer’s Leave Regulations 2024 give employees in the UK a new right to take “carer’s leave” with effect from 6 April 2024. An employee who has a...more

Hogan Lovells

Employment in the news | March 2024

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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

Littler

UK Tribunal Overturns Dismissal for Prank at Work: A Win for Workplace Banter?

Littler on

A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing...more

BCLP

UK HR Two-Minute Monthly: March 2024

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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

Littler

Back to the Future? UK Government Consults on the Potential Reintroduction of Tribunal Fees

Littler on

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

King & Spalding

UK Employment - Key Actions for 2024

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Although major employment changes in the UK are largely on hold until the general election later in 2024, there are a number of specific changes impacting daily planning and policies, which need to be on Legal and HR’s action...more

King & Spalding

Return to Attender: Getting Back to the Office

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Since companies began their return to the office post-pandemic, there has been an increasing polarization between those which feel the future is to ‘work anywhere’, versus those which see remote working as a COVID aberration...more

Dechert LLP

FCA Entitled to Refuse Full-Time Remote Working Request

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In Wilson v Financial Conduct Authority, the Employment Tribunal (ET) has found that the Financial Conduct Authority (FCA) was entitled to refuse an employee’s request to work entirely remotely, despite the fact that she was...more

BCLP

UK HR Two Minute Monthly: November 2023

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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

Morgan Lewis

Law Imposing Positive Duty on Employers to Combat Sexual Harassment Receives Royal Assent from UK Parliament

Morgan Lewis on

The Worker Protection (Amendment of Equality Act 2010) Bill received Royal Assent on 26 October. Although the new Worker Protection (Amendment of Equality Act 2010) Act 2023 will not come into force until October 2024, UK...more

BCLP

UK HR Two-Minute Monthly: July 2023

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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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – June 2023

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

BCLP

UK HR Two-Minute Monthly: May 2023

BCLP on

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

McDermott Will & Emery

UK Employment Rates and Compensation Increases Take Effect

With the clocks having gone forward and summer on the horizon, April also brings with it an increase in the National Minimum Wage, unfair dismissal compensation and certain other amounts payable under UK employment...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

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

A&O Shearman

Employment law predictions 2023: Key themes for the year ahead

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Following the success of our Employment Law Horizon Scanning webinar that took place earlier this year we have released our predictions for 2023....more

Walkers

Holbrey v States Employment Board and Others [2022] TRE 31A

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In Holbrey v States Employment Board and Others [2022] TRE 31A the Jersey Employment and Discrimination Tribunal had to consider a number of potential issues, including disability discrimination for a non-physical disability,...more

Walkers

Bathgate v Technip: Waiving Future Statutory Employment Claims in the Channel Islands

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The Employment Appeal Tribunal (“EAT”) in the UK has held that unknown future statutory claims cannot be compromised by a settlement agreement. In the same case, the EAT also addressed a second jurisdictional issue in respect...more

BCLP

UK HR Two-Minute Monthly: Long Covid and disability, time extensions for discrimination claims, another case on philosophical...

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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

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