News & Analysis as of September 21, 2024

Hiring & Firing › Employment Tribunals

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Balancing Protected Characteristics - Religious Belief v Sexual Orientation: Ngole v Touchstone Leeds

BCLP on 7/26/2024

This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more

Key Insights on Unfair Dismissal Laws in the UK for US-Based Employers

Dorsey & Whitney LLP on 5/16/2024

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

Firing and Rehiring in the UK: A New Code

Littler on 5/3/2024

New statutory guidance has been published about controversial “fire and rehire” practices, where an employer dismisses a worker to then rehire them on different terms — a tactic typically used to compel an employee to accept...more

UK Tribunal Overturns Dismissal for Prank at Work: A Win for Workplace Banter?

Littler on 3/29/2024

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

UK HR Two-Minute Monthly: March 2024

BCLP on 3/28/2024

Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more

Hong Kong: Think twice before filing an employment claim directly to the High Court

Ius Laboris on 1/22/2024

Under Hong Kong’s court rules, the Labour Tribunal has exclusive jurisdiction over claims for money damages arising from an employment contract or the Employment Ordinance. A recent decision highlights the pitfalls in...more

UK HR Two Minute Monthly: October 2023

BCLP on 10/31/2023

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

Monthly Highlights – UK Employment Law – June 2023

Orrick, Herrington & Sutcliffe LLP on 7/5/2023

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

Holbrey v States Employment Board and Others [2022] TRE 31A

Walkers on 12/6/2022

In Holbrey v States Employment Board and Others [2022] TRE 31A the Jersey Employment and Discrimination Tribunal had to consider a number of potential issues, including disability discrimination for a non-physical disability,...more

UK tribunal rules long-COVID capable of being a disability under the Equality Act

Littler on 7/29/2022

An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

UK HR Two-Minute Monthly: Covid dismissals, Early Conciliation and IR35, plus news on hybrid working, fire/rehire and the...

BCLP on 6/22/2022

Our June update looks at case law developments relating to health and safety dismissals for remaining away from/expressing concerns about Covid in the workplace, the consequences of not complying with the strict requirements...more

UK HR Two Minute Monthly: specific disclosure, voluntary redundancy/unfair dismissal, religious belief harassment and changes to...

BCLP on 5/12/2022

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

UK HR Two Minute Monthly - September 2021

BCLP on 9/20/2021

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

Refusing to let employee appeal redundancy dismissal not inevitably unfair

Hogan Lovells on 9/13/2021

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

Employment News: COVID-19, religion and belief

Hogan Lovells on 6/21/2021

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

Employment News: constructive dismissal, worker status

Hogan Lovells on 5/24/2021

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

U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine

Faegre Drinker Biddle & Reath LLP on 8/4/2020

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

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

Morgan Lewis on 7/21/2020

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

Health, safety and working conditions in France / First semester of 2020

Dechert LLP on 7/19/2020

This newsletter reviews five notable court holdings over the last semester. Moral harassment: the employer's investigation is valid even if all victims have not been interviewed (Cass, Soc., 8 January 2020, n°18-20.151) ...more

UK in 2019: That was the year that was!

Littler on 12/27/2019

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

UK Employment Rate and Compensation Increases Now in Effect

McDermott Will & Emery on 4/17/2019

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

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

Hogan Lovells on 3/4/2019

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

Hogan Lovells on 2/18/2019

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

Is Paris Burning? France Considers Whether Damages for Employee Dismissals Should Be Capped

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/4/2019

The latest version of Article L. 1235-3 of the French Labor Code, based on the “Macron Ordinances,” has recently been the subject of major dispute, with several labor tribunals issuing conflicting decisions. The article...more

Employment news - December 2018

Hogan Lovells on 12/10/2018

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

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Hiring & Firing › Employment Tribunals

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