News & Analysis as of

Employment Rights Act

BCLP

Labour’s Proposed Employment Law Reforms: Our Second Weekly Pre-election Guide

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Following last week's pre-election guide on qualifying periods and statutory time-limits, we focus this week on Labour’s plan to simplify the law on employment status....more

BCLP

UK HR Two Minute Monthly: February 2024 - Can a Job Applicant Bring a Whistleblowing Claim, Who Pays Up When a Claimant Wins at...

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Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what...more

BCLP

UK HR Two Minute Monthly: October 2023

BCLP on

Our October update includes a significant Supreme Court decision on how to treat historic underpayments of holiday pay, a preliminary tribunal hearing on whether a belief in race equality that opposed critical race theory was...more

Dechert LLP

Holiday Pay – Mind the Gap

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In Chief Constable of the Police Service of Northern Ireland v Agnew, the Supreme Court (SC) has confirmed that workers who have been underpaid holiday pay over a period of time are not prevented from recovering underpayments...more

Jones Day

Jones Day Cross-Border Investigations Series 2023 - Issue 1 : Whistleblowing

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While there are a number of ways in which organizations may become aware of potential wrongdoing internally, perhaps the most significant for its legal and compliance teams is internal reporting, or “whistleblowing,” by...more

King & Spalding

Global Choice Programs with a Twist

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Numerous multinationals allow their employees globally to elect whether to take their equity award grants as stock options and/or restricted stock units (RSUs). These “choice programs” provide employees with autonomy in their...more

BCLP

UK HR Two Minute Monthly: Settlement agreements, whistleblowing, redundancy and general news roundup

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Our November update includes new case law on settlement agreements, particularly the extent to which they can prevent future claims, satisfying statutory requirements for protected disclosures in whistleblowing cases and an...more

BCLP

UK HR Two-Minute Monthly: Long Covid/disability, “without prejudice”, unfair dismissal statutory cap and news roundup

BCLP on

Our July update includes new case law on Long covid being held to be a disability, challenging the privileged status of “without prejudice” correspondence, and an unfair dismissal case in which a Tribunal made an overall...more

Littler

UK Employment Appeals Tribunal Upholds Dismissal of Employee who Refused to Work for COVID-related Safety Reasons

Littler on

In Rodgers v. Leeds Laser Cutting Ltd, the Employment Appeal Tribunal (EAT) upheld a decision that dismissal of an employee who refused to work due to COVID-19 safety concerns was not unfair....more

King & Spalding

Important Court of Appeal Decision on Historic Holiday Pay Claims

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Key Takeaways for Employers - The UK’s Court of Appeal has issued a significant holiday pay decision, Smith v Pimlico Plumbers [2022] EWCA Civ 70, ruling that workers who were misclassified as independent contractors can...more

Morgan Lewis

UK: Flexible Working Consultation – A Default Right?

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On 23 September, the UK government published a consultation document, “Making flexible working the default”, which proposes various reforms to the right for employees to request flexible working arrangements—particularly in...more

King & Spalding

Employment Tribunal Rulings On Return To Work Refusals – What Can We Learn?

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As the “return to the office” push gathers steam, case law relating to the COVID-19 pandemic is now filtering through the UK’s Employment Tribunal system. The decisions made by employers in respect of staff who refused to...more

BCLP

UK COVID-19: Back to the office and employees with health and safety concerns - can an employer dismiss an employee who refuses to...

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After 18 months of almost entirely remote working, we have seen much of the City now implementing ‘Back to the Office’ policies and on Monday 6 September central London saw its busiest day on public transport since the...more

BCLP

HR Two Minute Monthly: COVID-19 automatically unfair dismissal; objective justification to discrimination arising from disability;...

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COVID-19- automatic unfair dismissal for employee who remained in Italy during outbreak - A Tribunal has found, in the case of Montanaro v Lansafe Limited, that an employee who had travelled from the UK to Italy for the...more

Hogan Lovells

Employment News: COVID-19, religion and belief

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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

BCLP

UK HR Two Minute Monthly: COVID-19 automatic unfair dismissal, re-engagement orders, direct sex discrimination and hybrid working

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Our May 2021 update considers key employment law developments from April. It includes recent cases on automatic unfair dismissal in the context of serious and imminent danger arising out of COVID-19; when it is appropriate...more

Hogan Lovells

Employment News: TUPE, health and safety

Hogan Lovells on

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

Jackson Lewis P.C.

Michigan Amends COVID-19 Legislation

Jackson Lewis P.C. on

Michigan has amended its COVID-19 legislation, codified as the COVID-19 Employment Rights Act (MCL 419.401 et seq.) (Act), effective December 30, 2020. New 2020 PA 339 amends the Act to include references to the U.S. Centers...more

Dechert LLP

Employees made redundant during furlough are entitled to statutory redundancy payments and statutory notice payments based on...

Dechert LLP on

In this OnPoint, we report on the legislation now enacted requiring employers to use an employee’s normal unreduced pay when making statutory redundancy and other payments to those whose employment is terminated while they...more

Morgan Lewis

UK Employment Appeal Tribunal Dismisses Cyclist’s Attempt to Prove Employment Status

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The Employment Appeal Tribunal (EAT) handed down its judgment on 14 July on Jess Varnish’s landmark appeal against the decision of an Employment Tribunal (ET) in relation to her employment status claim against British...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The UK’s ‘Good Work Plan’ Imposes New Rules on Written Statements

The United Kingdom’s Good Work Plan amended Section 1 of the Employment Rights Act 1996 (ERA) to impose a new obligation on employers to provide all employees and workers with a written statement setting out key terms and...more

Morgan Lewis

New UK Rules on Statements of Particulars of Employment Coming Into Force 6 April

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Introduced as part of the reforms under the Good Work Plan, amendments to Section 1 of the UK’s Employment Rights Act 1996 will impose new obligations on employers in the provision of written statements of particulars of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Supreme Court confirms worker rights for “contractor” plumber

In Pimlico Plumbers Limited and another v Smith, the Supreme Court has confirmed that the Employment Tribunal was entitled to conclude that Gary Smith, who worked under a contract that described him as an independent...more

Fisher Phillips

UK: Uber Loses Appeal Over Characterization Of Drivers As "Workers"

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Uber drivers in the UK are “workers” entitled to earn at least the national minimum wage and enjoy other statutory benefits and protections an Employment Appeals Tribunal (“EAT”) held on November 9, upholding the decision of...more

Proskauer Rose LLP

A Month in UK Employment Law - November 2016

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Taxation of termination payments draft legislation published - At present, in certain circumstances the first £30,000 of a termination payment is exempt from income tax and national insurance ("NIC"). However, there have...more

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