In a busy month in the courts and tribunals, an employer was liable for psychiatric injury caused by a flawed disciplinary process. The High Court found that TUPE didn’t transfer an employer’s vicarious liability for an...more
As the Employment Rights Bill made its way to the House of Lords with significant government amendments, Parliament approved the neonatal care leave regulations. The government issued a consultation paper on ethnicity and...more
Although there’s been no further progress on the Employment Rights Bill, the courts and tribunals had an active month. The Court of Appeal opined on freedom of expression in the workplace, and the EAT considered injury to...more
The decision makes it harder for employers to act against employees who express protected views to which others object. Disciplinary action in that situation could be discrimination because of an employee’s religion or...more
Parents of babies that need hospital care shortly after birth will be entitled to neonatal care leave from April 2025. Leave is a day one right but pay is subject to service and earnings requirements. Employers should...more
The Employment Rights Bill felt like the only game in town in October. Since its publication, the government has launched four consultations on different aspects of the Bill. The duty to prevent sexual harassment came into...more
Introducing an Employment Rights Bill within 100 days of taking office was one of the Labour government’s core pledges. The Bill was published today and includes many, but not all, of the policies in the “Plan to Make Work...more
Although we’re still waiting for the Employment Rights Bill (or were at the time of writing), there were some legislative developments over the summer. The government confirmed that the Tipping Act will come into force in...more
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
There were a surprising number of employment-related developments in the UK over the traditional summer holiday period. We highlight new employment status guidance, government support for neonatal care leave and fair...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
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
Read all about it – agency worker had right to be informed about vacancies, not to apply for them -
It is perhaps surprising that nearly ten years after the Agency Workers Regulations (the Regulations) came into force, the...more
Timing is everything – acts pre-dating disability not discrimination -
The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated...more
2/10/2020
/ Contract Terms ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Exclusive Jurisdiction ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Shareholders' Agreements ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal
Continuing focus on sexual harassment -
The EHRC has published technical guidance on sexual harassment and harassment at work, while the Government Equalities Office launched a survey on people's experience of sexual...more
1/27/2020
/ #MeToo ,
Appeals Tribunals ,
Bereavement Leave ,
Corporate Culture ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equality and Human Rights Commission (EHRC) ,
Harassment ,
Hiring & Firing ,
Labor Regulations ,
Sex Discrimination ,
Sexual Harassment ,
UK ,
Unemployment Benefits ,
Wage and Hour
Gathering clouds – flawed investigation made dismissal unfair -
In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more
1/13/2020
/ Employee Misconduct ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
Job Promotions ,
Labor Regulations ,
Legislative Agendas ,
Regulatory Agenda ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Workplace Investigations
It's not what you know – dismissal for whistleblowing despite dismissing manager's belief -
In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more
12/3/2019
/ Court of Justice of the European Union (CJEU) ,
Disciplinary Proceedings ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Entitlements ,
Hiring & Firing ,
Holidays ,
International Labor Laws ,
Labor Regulations ,
Retaliation ,
Senior Managers ,
Sick Leave ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblower Protection Policies ,
Whistleblowers
No harassment as conduct not related to sex -
The EAT decision in Raj v Capita Business Services Ltd is a reminder that behaviour, even if it is unwanted and creates a hostile or intimidating work environment, is only...more
9/24/2019
/ #MeToo ,
Employee Rights ,
Equality Act ,
Harassment ,
Hostile Environment ,
International Labor Laws ,
Off-Payroll ,
Privilege Waivers ,
Sexual Harassment ,
UK ,
Wage and Hour
No objection – TUPE was principal reason for dismissal -
In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more
3/4/2019
/ Disability ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
Hiring & Firing ,
International Labor Laws ,
TUPE ,
UK ,
Unfair Dismissal ,
Wage and Hour
Weekly newsletter on employment matters.
In this weeks issue:
- Small steps – government response to the Taylor Review.
- That hurts. Working time detriment could lead to injury to feelings award.
- It's not...more
2/12/2018
/ Age Discrimination ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Holiday Pay ,
International Labor Laws ,
Parental Leave ,
Pension Schemes ,
Proposed Legislation ,
Public Sector ,
Retirement Plan ,
Sick Leave ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Work Schedules
Don’t look now – European Court decides monitoring employee's email account did breach privacy right -
In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more
9/11/2017
/ Appeals ,
Disability Discrimination ,
Email Policies ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
EU ,
European Court of Human Rights ,
Health Insurance ,
Hiring & Firing ,
Right to Privacy
Cards on the table – employment manifesto pledges issued -
The Conservatives, Labour Party and Liberal Democrats have all confirmed in their manifestos that pre-Brexit EU employment rights will be maintained and that gig...more