This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more
Although major employment changes in the UK are largely on hold until the general election later in 2024, there are a number of specific changes impacting daily planning and policies, which need to be on Legal and HR’s action...more
In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more
As employees return from the holiday season and businesses reopen, employers and HR leaders should be mindful of key employment developments in 2024 that may affect their workforce. 2024 will see a number of legislative...more
The regulatory landscape for UK employers has evolved significantly over the second half of 2023. New legislation is in force or is due to come into force over the next 12 months, covering a variety of employment-related...more
Welcome to the seventh edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative....more
The Supreme Court of the United Kingdom has recently decided the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others, a Northern Irish case that has been working its way through...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
The Supreme Court has released its decision in the case of Chief Constable of the Police Service of Northern Ireland v Agnew. The Court decided that, with respect to a series of unlawful deductions, a gap of more than three...more
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
There has been much case law in relation to the underpayment of holiday pay in the context of overtime and commission. That case law has reinforced the position that although claims must be issued within 3 months of an...more
A range of new employee rights have been promised by the Government for some years. These include extended redundancy protection for pregnant workers, the right to request flexible working from day one and the right to...more
In this BCLP Insight, Thomas Haller considers whether the Coronation may entitle contractors to an extension of time under the JCT form of contract. This year, there is an extra bank holiday on Monday 8th May 2023 to...more
Our August update includes new case law on the calculation of holiday pay for part-time workers, a tricky case on whistleblowing, two cases on the balance between gender critical views and trans discrimination, a news roundup...more
The Supreme Court of the United Kingdom has published its long-anticipated decision in Harpur Trust v Brazel confirming that paid holiday for part-year employees/workers on permanent contracts must not be pro-rated....more
Our March update considers key employment law developments from February 2022. It includes an important case on holiday pay for gig economy workers, EAT guidance on employment status and a case considering the ability of a...more
Summary - In the latest of a long line of cases relating to the calculation of holiday pay, the Court of Appeal has given a very significant decision that will impact all employers who engage independent contractors....more
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
In the latest holiday pay ruling to throw a spanner in the works for employers, the Court of Appeal has ruled that a misclassified worker who took unpaid annual holiday could carry over his paid holiday rights from one year...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
The UK Supreme Court has decided that Uber drivers are “workers” for UK employment law purposes. In reaching that decision, the Supreme Court unanimously upheld the decision of the original Employment Tribunal and agreed...more
On 28 September 2020, new regulations introduced an obligation on people to self-isolate where they have been advised to do so through the NHS track and trace system or where they or someone they live with has tested positive...more
In this OnPoint, we report on the Government’s further guidance on workers’ entitlements to holiday leave and holiday pay during the COVID-19 pandemic....more
The UK Government has announced today that the Coronavirus Job Retention Scheme (“the Scheme”), which has so far assisted over one million businesses in the UK, will be extended by four months until the end of October 2020....more
Employers are now turning their minds to the many and varied issues they need to consider when planning for the end of lockdown - even though of course they will need to wait for details of the precise timing and phasing of...more