At a Glance -
The UK government has passed three family-related Acts that employers should be aware of: the Neonatal Care Act; the Protection from Redundancy Act; and the Carer’s Leave Act....more
Dismissal of Whistleblower Was Not Automatically Unfair -
In Kong v Gulf International Bank (UK) Ltd [2022] EWCA Civ 941, the Court of Appeal considered whether the dismissal of a whistleblower was automatically unfair....more
Clarification on Worker Status -
In Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229, the Court of Appeal (CoA) considered whether an obligation on the part of a worker to perform a minimum amount of work was...more
Tesco Restrained From ‘Firing and Rehiring’ Employees In USDAW and ors v Tesco Stores Ltd [2022] EWHC 201 (QB), the High Court (HC) granted an injunction to restrain U.K. supermarket giant, Tesco, from ‘firing and rehiring’...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
Disability Discrimination: Was the Discrimination ‘Because Of’ Disability or ‘But For’ Disability?
In Robinson v Department for Work and Pensions [2020] EWCA Civ 859, the Court of Appeal provided helpful guidance on the...more
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
Holiday Pay for Part-Year Workers -
In Harpur Trust v Brazel [2019] EWCA Civ 1402, the Court of Appeal considered how the holiday pay of a part-year worker should be calculated.
Ms Brazel was employed as a visiting...more
Was an Employer Liable for an Employee’s Discriminatory Acts on Social Media?
In Forbes v LHR Airport Ltd UKEAT/0174/18/DA, the Employment Appeal Tribunal (EAT) considered whether an employee’s discriminatory acts on...more
Must Employers Record All Hours Worked?
In Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (Case C-55/18), the European Court of Justice (ECJ) considered whether the EU’s Working Time Directive...more
Do Disciplinary Proceedings Have to Wait Until a Criminal Investigation Is Completed?
In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered whether conducting disciplinary...more
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
If Accrued Holidays Are Not Used, Will They Be Lost?
In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the...more
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
Was an Employer Liable for an Assault Committed by one of its Employees on Another?
In Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214, the Court of Appeal considered whether an employer was liable for an...more
Collective Redundancies: What Is an “Undertaking Controlling the Employer?”
In Bichat v Aviation Passage Service Berlin GmbH & Co KG [2018] C-6117, the European Court of Justice (ECJ) considered the meaning of an...more
Did a Temporary Break in Activities Prevent the Transfer of an Undertaking?
In Colino Sigüenza v Ayuntamiento de Valladolid (C-472/16), the European Court of Justice (ECJ) considered whether a five-month break in...more
A Year on: The Continued Rise of Employment Tribunal Claims -
The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for April to June 2018. These quarterly statistics are of particular...more
When Is Notice of Termination Effective?
In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2018] UKSC 22, the U.K. Supreme Court upheld last year’s Court of Appeal decision, reported by us here, that where an...more
All Things Brexit -
Earlier this month, as the latest formal development concerning Brexit, the U.K. government published a White Paper entitled ‘The Future Relationship between the United Kingdom and the European Union’...more
U.K. Supreme Court: The Latest on Employment Status in the “Gig” Economy -
In the latest high profile “gig” economy decision, the U.K. Supreme Court has held in Pimlico Plumbers Ltd & another v Smith [2018] UKSC 29 that Mr...more
Court of Appeal: Disability Discrimination & Reasonable Adjustments -
In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more
In Hale v Brighton & Sussex University Hospitals NHS Trust UKEAT/0342/16/LA the Employment Appeal Tribunal (EAT) considered whether a disciplinary process was a one-off act or an ongoing act in the context of U.K....more
The Vento bands for “injury to feelings” awards in discrimination claims have been increased. The new figures, applicable to claims issued on or after 6 April 2018, are as follows: -
Lower band, for the least serious...more
The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for October to December 2017. These are the second set of statistics released since the landmark Supreme Court ruling in July 2017...more