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U.K. Employment Tribunal Decisions: When Employees Refuse to Attend the Workplace for Fear of COVID-19

Recent Employment Tribunal (ET) decisions have shed light on the risks that can arise for employers where employees refuse to attend the workplace because of COVID-19 concerns. We consider below how ETs have dealt with claims...more

U.K. Employment Law Update: Impact of Lack of Appeal on Fairness of Redundancy Process, Dismissal for Assertion of a Statutory...

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

U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine

In the case of Duchy Farm Kennels v. Steels, the High Court considered whether a term of confidentiality in a COT3 settlement agreement was a condition of the agreement, in which case a former employee’s breach of that term...more

U.K. Employment Law Update: Furlough Leave Updates and Recommended Changes to Employment Tribunal Processes

Recent Updates on the U.K.’s Furlough Leave - The U.K. government has published various updates to its guidance on the Coronavirus Job Retention Scheme (colloquially known as the furlough leave scheme). Below we summarise...more

U.K. Employment Law Update: Tribunal Compensation Limits, Duty of Confidentiality and Protected Disclosures

Raising Rates: U.K. Employment Tribunal Compensation Limits and National Minimum Wage 2019 - The annual increases in compensation in the Employment Tribunals will take effect on 6 April 2019....more

U.K. Employment Law Update: Employment Law Reform, Uber’s Appeal and Proportionate Pay

The U.K. government has published its Good Work Plan. The report’s proposals seek to implement most of the recommendations in the Taylor Review of Modern Working Practices, which we reported in 2017 and 2018. The government...more

U.K. Government Responds to the Taylor Review

The U.K. government has this month issued a response to the Taylor Review of Modern Working Practices (the Review), a report commissioned by the government which analysed the U.K.’s changing employment landscape. ...more

Raising Rates: Tribunal Compensation Limits and National Minimum Wage 2018

The annual increases in compensation in the employment tribunals will take effect on 6 April 2018. The new rates apply where the event giving rise to the compensation (such as the termination of employment) occurs on or after...more

Can a Discriminatory Demotion Justify an Employee's Refusal to Work?

In Rochford v WNS Global Services (UK) Ltd [2017] EWCA Civ 2205 the Court of Appeal considered whether an employer’s discriminatory demotion justified an employee’s refusal to carry out any work. Mr Rochford was employed...more

Unfair Dismissal: Can a Disciplinary Investigation Be Too Thorough?

In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more

Employment Tribunal Fees: Update

In July, we reported on a landmark decision in which the U.K.’s Supreme Court unanimously found the Employment Tribunal fee regime to be unlawful. Below is an update on the legal and practical developments since that...more

The Good Work: The Taylor Review

The Good Work: The Taylor Review of Modern Working Practices (the Review), an independent report commissioned by the U.K. government to analyse the changing employment landscape, was published on 11 July 2017....more

U.K. Supreme Court: Employment Tribunal Fees Are Unlawful

In a landmark decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the U.K.’s Supreme Court unanimously found that the Employment Tribunal fee regime is unlawful. Since 2013, claimants have had to...more

Latest "Gig Economy" Case: Courier Held to Be a Worker

In the latest in a string of cases concerning the employment status of those working in the “gig economy”, the Employment Tribunal in Dewhurst v City Sprint UK Ltd ET2202512/2016 considered whether a courier was a worker or a...more

Can Expired Warnings Be Taken Into Account When Deciding Whether to Dismiss?

In Stratford v Auto Trail VR Ltd UKEAT/0116/16, the Employment Appeal Tribunal (EAT) considered whether an employer could take into account expired warnings when deciding whether to dismiss an employee. Mr Stratford held...more

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

Meaning of "Philosophical Belief" Under U.K. Discrimination Law

In Harron v Dorset Police UKEAT/0234/15/DA, the Employment Appeal Tribunal (EAT) considered the scope of "philosophical belief" for the purposes of U.K. discrimination law. Mr Harron worked for the Dorset police force....more

Reinstatement Following Dismissal

In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties. The Employment Tribunal...more

New Tribunal Compensation Limits 2016

The annual increases in compensation will take effect on 6 April 2016. 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...more

Comparators in Age Discrimination

Donkor v Royal Bank of Scotland UKEAT/0162/15 considered the appropriate comparator in direct age discrimination cases. Mr Donkor’s employer, the Royal Bank of Scotland (RBS), underwent a restructuring in 2012. As part...more

Dismissal for Sharing Confidential Information Was Unfair

In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...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

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

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

12/31/2014  /  Employment Tribunals , Termination , Twitter , UK

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

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