It’s been all systems go in the second half of January. As the Employment Rights Bill completed its committee stage, the government (finally) confirmed that neonatal care leave and pay will come into force in April. EAT...more
The Court of Appeal in England and Wales has decided that employers do not have to conduct general workforce consultation for an individual redundancy dismissal to be fair. It overturns the EAT decision in De Bank Haycocks v...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
In Cairns v The Royal Mail Group Ltd, the UK EAT held that the possibility of delaying a disabled employee’s dismissal pending a reorganisation was relevant to whether his dismissal was justified. Although the employee was...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
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
The Equality Act permits some forms of positive action to address disadvantage, different needs or low participation rates amongst groups sharing a protected characteristic. The UK government has published new guidance to...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
In Hilaire v Luton Borough Council, the UK EAT found that it was not a reasonable adjustment simply to slot a disabled employee into a new organisational structure as part of a redundancy exercise. Although this would have...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
The Court of Appeal in England and Wales has confirmed that in a wrongful dismissal claim, damages can reflect the least burdensome way of terminating an employment contract. In Mackenzie v AA Ltd, this meant that even if the...more
Dismissing an employee for long term sickness absence could be discrimination arising from a disability if an employer cannot show that the dismissal is objectively justified. The recent UK EAT decision in Department for Work...more
In Kocur v Angard Staffing Solutions Ltd, the Court of Appeal for England and Wales confirmed that agency workers have a right to be informed about vacancies in a hirer, not a right to apply for them on the same terms as...more
The High Court of Justice for England and Wales has prevented an employer from dismissing employees and offering to re-engage them on new terms. As the employer was seeking to remove a right to enhanced pay that it had...more
An English employment tribunal decided that it was fair for an employer to dismiss a care home worker when she refused to be vaccinated against COVID-19. However, employers should not assume that the decision means that it...more
In Walsh v Network Rail Infrastructure Ltd the UK EAT found that an employee had not agreed to an extension to the normal three month time frame for deciding flexible working requests when he agreed to attend an appeal...more
Using “fire and rehire” as a way to implement changes to terms and conditions of employment has become increasingly controversial in the UK in recent years. In October the government blocked legislation that would have made...more
The UK government published a consultation paper on making flexible working the default. Possible changes to the current framework include removing the service requirement for making a request, allowing more than one request...more
In Gwynedd Council v Barratt the UK Court of Appeal confirmed that a redundancy dismissal will not be unfair solely because an employer has not offered an employee a right to appeal. However, failing to offer an appeal...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
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
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
Narrow escape - limited waiver of privilege decision upheld In Watson v Hilary Meredith Solicitors Ltd the EAT reaffirmed the correct approach to waiver of privilege. A tribunal was entitled to find that a respondent had...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