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Shorter and clearer - UK government publishes "fire and re-hire" Code of Practice

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

Fire and rehire - UK government publishes draft Code of Practice

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

Try it out - ill health dismissal discrimination when alternative role not properly trialled

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

Promises, promises - High Court prevents employer dismissing and re-engaging staff

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

Fair to dismiss unvaccinated care home worker

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

Avoiding fire and rehire - ACAS publishes guidance

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

Refusing to let employee appeal redundancy dismissal not inevitably unfair

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

Who knew? Women less likely to be able to accommodate certain working patterns

An employee will succeed with an indirect sex discrimination claim if she can show that her employer applied a provision, criterion or practice (PCP) that put women (including the employee) at a disadvantage when compared...more

Employment News: health and safety, pay reporting

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

Employment News: TUPE, health and safety

Split the difference - CJEU decision on fragmentation applies to service provision changes - When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...more

Employment News: tribunals, redundancy, disability, COVID-19

Way ahead – Roadmap for employment tribunals published: The Presidents of the Employment Tribunals have published a roadmap outlining a plan for increasing the number of employment tribunal hearings that can take place...more

Employment News: PCPs, NDAs, unfair dismissal

Turning a blind eye – one-off act not a PCP - In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more

Employment News: unfair dismissal, equal pay, what's new

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

Employment News: Disability, Unfair Dismissal, Trade Unions

Space invaders – parking policy relevant to reasonable adjustments claim - In Linsley v Commissioners for Her Majesty's Revenue and Customs the EAT confirmed that the employer's parking policy should not have been...more

Employment Newsletter: TUPE, disability, unfair dismissal, tribunal limits

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

Employment News: unfair dismissal

Looking back – limited appeal investigation not unfair - It was not unfair for an employer to place limits on a disciplinary appeal investigation where the employee's representative had agreed to this, according to the EAT...more

Employment news - December 2018

No right to dismiss where employee entitled to disability payments - In Awan v ICTS UK Limited the EAT confirmed that there was an implied term in the employee's contract that his employer would not dismiss him for...more

Employment news - March 2018 #2

Weekly newsletter on employment matters. In this weeks issue: - Ask the question – employee not necessarily required to suggest bumping... - I work from 9 to 5 – no injury to feelings compensation for breach of...more

Employment News - February 2018 #2

Weekly newsletter on employment matters. In this weeks issue: - Ask the right question – disability and occupational health advice - All work and no pay – standby time at home was working time - Going up –...more

Employment News - October 2017 #4

In this weeks issue: - Hear no evil – manager's motives not attributed to decision taker... - By contrast – EAT rejects argument that decision maker was innocent agent with no discriminatory motive... -...more

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