In Tesco Stores Ltd v USDAW the UK Supreme Court has reinstated an injunction stopping Tesco from dismissing and re-engaging employees on new terms to remove their contractual pay protection. The circumstances in which the...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
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
An employee is protected against being dismissed or subjected to a detriment because they took or sought to take parental leave. The issue for the UK EAT in Hilton Foods Solutions Ltd v Wright was whether an employee had...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
Last week the UK government announced that it was planning to make changes to the Working Time Regulations and one aspect of TUPE. It has now published a consultation paper providing further detail about the proposed reforms....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
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
During January the UK government introduced legislation to impose minimum service level requirements in some sectors during industrial action. It is also consulting on how to calculate holiday entitlement for part year and...more
The UK government recently announced its support for two more Private Members’ Bills. These will give employees additional protection against redundancy if they are pregnant or returning from family-related leave and a new...more
In separate developments, the UK government announced two potentially significant changes for employers. The Retained EU Law (Revocation and Reform) Bill could mean that at least some EU-derived employment law will expire on...more
The UK’s Supreme Court has confirmed that “part year” workers are entitled to 5.6 weeks’ holiday. Their holiday entitlement should not be pro-rated to reflect their actual hours of work, even though this means that they get...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
In Smith v Pimlico Plumbers Ltd the Court of Appeal for England and Wales allowed a worker to carry forward statutory holiday he had accrued during the course of his employment, which he had taken but not been paid for, until...more
In Stuart Delivery Ltd v Augustine, the UK Court of Appeal confirmed that a courier who could offer a time slot he had signed up to cover to other couriers was still obliged to perform work personally. This meant that he was...more
In the government’s response to the carer’s leave consultation it confirms that it will introduce five days’ unpaid carer’s leave per year for employees. This will be a day one right that employees can take on a flexible...more
In Aleem v E-Act Academy Trust the UK EAT decided that it was not a reasonable adjustment to continue to pay an employee at her previous higher rate when she moved to a different lower-paid job because of a disability....more
In light of the impact of the global COVID-19 pandemic, employers have made adjustments to facilitate remote working, with some considering maintaining expanded remote work policies even after government restrictions are...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
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