News & Analysis as of

Unfair Dismissal

Faegre Drinker Biddle & Reath LLP

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

NAVEX

Employment Rights Bill: What Compliance Officers Need to Know

NAVEX on

Compliance officers, take note: The U.K. government will be introducing two new bills in its next Parliamentary session that portend to have significant implications for employers. In May, the Labor Party published its “Plan...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – July 2024

Here is a look at recent developments in UK employment law: The Labour Party has proposed key changes to UK employment laws. The Employment Appeal Tribunal considered whether an employer was justified in printing documents...more

Hogan Lovells

On your marks - UK government announces Employment Rights Bill

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The King’s Speech confirms that the UK government will introduce an Employment Rights Bill into Parliament in the next session. This should be published within 100 days. Although the Speech and supporting papers provide more...more

Littler

Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights

Littler on

In Ruiz Mattei v. Commercial Equipment Finance, Inc., the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act and the Workplace Discrimination Act are transferable to the employee’s heirs...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Redundancy Dismissal Found to Be Unfair Following Failure to Consult Employee on ‘Pool of One’

The Employment Appeal Tribunal (EAT) has held in Valimulla v. Al-Khair Foundation [2023] that an individual was unfairly dismissed because his employer failed to consult him on his placement in a redundancy selection pool of...more

King & Spalding

Labour’s Proposed Employment Law Changes: Implications for Employers and Other Recent Developments

King & Spalding on

A general election is to be held in the UK on 4 July 2024. Although official election manifestos have not been released yet, last week the Labour Party published a policy paper, “A New Deal for Working People”, setting out...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

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: February 2024 - Can a Job Applicant Bring a Whistleblowing Claim, Who Pays Up When a Claimant Wins at...

BCLP on

Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what...more

Hogan Lovells

Shorter and clearer - UK government publishes "fire and re-hire" Code of Practice

Hogan Lovells on

Changing employment terms by dismissing and re-engaging employees has become increasingly controversial. The government does not want to make so-called “fire and re-hire” illegal, but it also wants employers to view the...more

BCLP

UK HR Two Minute Monthly: October 2023

BCLP on

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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – September 2023

This month we explore a recent Employment Appeal Tribunal case relating to the termination of employment by mutual agreement despite the employee receiving a dismissal letter. We also explore a recent Employment Tribunal case...more

BCLP

UK HR Two-Minute Monthly: August 2023

BCLP on

Our August update includes cases on the (discriminatory) harassment of a gender critical employee, a case in which a dismissing officer was not present at a dismissal meeting, and a case where a tribunal reached the unusual...more

BCLP

UK HR Two-Minute Monthly: July 2023

BCLP on

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: June 2023

BCLP on

Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more

BCLP

UK HR Two-Minute Monthly: March 2023

BCLP on

Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more

Dechert LLP

Increases Announced to UK Employment Compensation Limits

Dechert LLP on

With effect from 6 April 2023, certain compensation limits will be increased by the Employment Rights (Increase of Limits) Order 2023 reflecting a 12.6% increase in the retail prices index in the 12 months to September 2022....more

Jackson Lewis P.C.

Federal Court Strikes Down Amendments to Puerto Rico 2017 Employment Law Reform

Jackson Lewis P.C. on

Less than a year after its enactment, a federal district court has declared null and void Puerto Rico Act 41-2022, a law that rolled back parts of the 2017 employment law reform. Financial Oversight and Management Board for...more

Hogan Lovells

Fire and rehire - UK government publishes draft Code of Practice

Hogan Lovells on

Last year the UK government promised to introduce a statutory Code of Practice setting out the standards employers should observe if they are considering dismissing and re-engaging staff as a way of changing employee terms...more

BCLP

UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation of long periods of loss of earning...

BCLP on

Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more

King & Spalding

Employment Settlement Agreements – how to avoid the common pitfalls

King & Spalding on

Settlement agreements are a pragmatic and effective tool in resolving workplace disputes. The employee benefits from financial support and a dignified exit, and the employer achieves a clean break. However, when used...more

BCLP

UK HR Two-Minute Monthly: Discrimination for philosophical belief, extensive anonymity orders, dismissals for political views and...

BCLP on

Our September update includes new case law on the controversial area of gender-critical/trans beliefs, a far-reaching anonymity order made by the EAT, dismissals for political beliefs/activities and a news roundup on ACAS...more

BCLP

UK HR Two-Minute Monthly: Long Covid/disability, “without prejudice”, unfair dismissal statutory cap and news roundup

BCLP on

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

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