A recent British legal case, which could impact U.S. and other international companies, has reinforced the complexities of cross-border employment, particularly where group companies are involved. The fact that a US company...more
A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing...more
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
Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more
In this month's instalment, our team highlights the recent ACAS guidance on whistleblowing and employee absences, potential issues with legal advice privilege, workers’ rights in respect of holiday pay on termination and the...more
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
Our May update considers key employment law developments from April 2022. It includes an interesting case on specific disclosure requests, details about the future “road map” for employment tribunal proceedings, the new code...more
Recent Employment Tribunal (ET) decisions have shed light on the risks that can arise for employers where employees refuse to attend the workplace because of COVID-19 concerns. We consider below how ETs have dealt with claims...more
Was a Redundancy Dismissal Unfair Because of Lack of Appeal? In Gwynedd Council v (1) Barratt (2) Hughes [2021] EWCA Civ 1322, the Court of Appeal (CA) considered whether an employer’s failure to give an employee an...more
Our October 2021 update includes recent case developments with regard to whether a lack of an appeal renders dismissals unfair, the concept of “working time” under the Working Time Directive as well as less favourable...more
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
Legal professional privilege, litigation advice privilege, iniquitous principle, unfair dismissal, right to appeal, unlawful protection from wages claim, income protection payments - EAT concludes that an email sent prior...more
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
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
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
The Supreme Court Delivers Verdict in Landmark Uber Case - As we reported in our dedicated update, the Supreme Court gave judgment in the final appeal in relation to the Uber litigation at the end of February, unanimously...more
In the case of Duchy Farm Kennels v. Steels, the High Court considered whether a term of confidentiality in a COT3 settlement agreement was a condition of the agreement, in which case a former employee’s breach of that term...more
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
Well it’s been quite a year. Thank goodness it’s almost over! We started it (much as we have started every year since 2016) in a fog of uncertainty around Brexit. We have ended it at least knowing that the UK will be leaving...more
Our December 2019 update outlines the key UK employment law developments over the last month. It includes cases on covert surveillance, sexual orientation discrimination when there is no identifiable victim, harassment under...more
In this OnPoint we consider when discrimination and employment claims can be brought in Great Britain by those working overseas, with particular focus on the recent discrimination case of Ravisy v Simmons & Simmons LLP and...more
In case you have been distracted by other recent events in the UK, here is a reminder that the compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation increased as...more
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
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
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