In the usual rush before the summer holidays, July was a bumper month for employment lawyers and HR practitioners, with the excitement of the King’s Speech, draft guidance from the EHRC on the duty to prevent sexual...more
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
Alongside the constant stream of election related news, there were two EAT decisions in June, dealing with “pool of one” redundancies and ill-health dismissals, which will be of interest. In future, there will be further...more
The “Delivering a New Deal for Working People” policy agenda (the New Deal) has far-reaching implications for employers if the Labour Party forms the next UK government. The Labour manifesto confirms that it would implement...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
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
In the run-up to Christmas, the government confirmed how carer’s leave and new protection against redundancy for pregnant employees and new parents will work. It announced changes to paternity leave in January and said that...more
After a fairly quiet summer period, there were developments on several fronts in October. The new duty to take reasonable steps to prevent sexual harassment became law, although is not yet in force. The Supreme Court...more
Parliament returned from its summer recess in September, allowing proposals on preventing sexual harassment to progress and the right to request a more predictable contract to become law. Angela Rayner’s speech to the TUC...more
In our Employment Horizons publication, we have reflected on some of the key themes impacting multi-national employers in 2023. These include responding to inflationary pressures and the cost of living crisis, remote and...more
The Court of Appeal in England and Wales decided that an employer was entitled to dismiss and offer to re-engage employees on new terms in order to remove pay protection it had originally referred to as “permanent”. The...more
Difficult employment issues can arise during an international business purchase and what is straightforward in one country can prove challenging in another...more
Managing an employee who has persistent short or medium term ill-health absence is difficult for an employer. Dismissing an employee whose attendance is unlikely to improve may be fair, but this will often depend on medical...more
An employee will succeed with an indirect sex discrimination claim if she can show that her employer applied a provision, criterion or practice (PCP) that put women (including the employee) at a disadvantage when compared...more
Independent trade unions are entitled to apply for compulsory recognition on behalf of workers in a bargaining unit if certain conditions are met.
The Independent Workers Union of Great Britain (IWUGB) applied for...more
In this weeks issue: Who knew? Women less likely to be able to accommodate certain working patterns Spring in the step - Deliveroo riders not workers for trade union recognition Going, going, gone - final edition of the...more
A tale in two parts - COVID-19 and health and safety dismissals There have been more employment tribunal decisions examining when a COVID-19 related dismissal will be automatically unfair for health and safety reasons. One...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
Too little, too late - employer could not cure fundamental breach - If an employer commits a repudiatory breach of contract, an employee is entitled to accept the breach by resigning. They can then claim unfair constructive...more
Ethnicity pay gap reporting is currently voluntary in the UK. The Government ran a consultation for employers about ethnicity pay gap reporting that ended in January 2019, and on 9 February 2021, the Women and Equalities...more
First tribunal guidance on "serious and imminent" danger in context of COVID-19 -
In Rodgers v Leeds Laser Cutting Ltd the Employment Tribunal considered whether an employee had been unfairly dismissed for refusing to attend...more
4/26/2021
/ Adverse Employment Action ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
UK ,
Unfair Dismissal ,
Unfair Labor Practices ,
Workplace Safety
Cashiered – supermarket staff succeed in Supreme Court -
To bring an equal pay claim, an employee has to point to a comparator of the opposite sex doing like work, work rated as equivalent or work of equal value. If the...more
4/12/2021
/ Adoption ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Equal Pay ,
Holiday Pay ,
International Labor Laws ,
Parental Leave ,
Sex Discrimination ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Employment newsletter In this weeks issue: Beating around the bush – disclosure did not have to identify legal obligation Gone fishing – disclosure in equal pay claims All change – tribunal limits and pay gap reporting ...more
Timed out – reasonable steps defence fails because training stable -
An employer can defend a discrimination claim under the Equality Act if it has taken all reasonable steps to prevent employees from committing acts of...more
2/22/2021
/ Coronavirus/COVID-19 ,
Economic Impact Analysis ,
Employer Liability Issues ,
Employment Litigation ,
Equality Act ,
Harassment ,
Infectious Diseases ,
International Labor Laws ,
Pay Gap ,
Race Discrimination ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour