The Employment Appeal Tribunal (EAT) has held in Valimulla v. Al-Khair Foundation [2023] that an individual was unfairly dismissed because his employer failed to consult him on his placement in a redundancy selection pool of...more
Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...more
This morning Labour launched its election Manifesto which, by implementing its “Plan To Make Work Pay” published last month, includes major employment law reform. The Plan, now supported by today’s Manifesto, is clear that...more
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
Cette newsletter présente cinq décisions de jurisprudence rendues au cours des derniers mois : Motif économique de licenciement : les pertes d’exploitation doivent avoir un caractère sérieux et durable (Cass. soc., 18...more
This newsletter summarizes five significant judicial decisions over recent months: Economic grounds for redundancy: operating losses must be serious and lasting (Cass. soc., 18 October 2023, n°22-18.852 F-B) After...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 Employment Appeal Tribunal (EAT) recently clarified the consultation requirement for employers in redundancy situations, emphasising that a fair process may require consulting with employees at an early, formative stage...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
Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois : Renouvellement de la période d’essai : utilisation d’un faisceau d’indice pour qualifier le consentement (Cass. soc., 25...more
This newsletter summarizes four significant judicial decisions over recent months: Renewal of the probationary period: using a set of indicators to qualify consent (Cass. soc., 25 January 2023, n°21-13.699)...more
Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more
A recent English law case has highlighted an issue relevant to those involved in Channel Islands-related insolvencies – and particularly to insolvency practitioners ("IPs") who take on appointments as administrators – about...more
Our April update includes cases on religious belief discrimination in the education sector, with a school chaplain preaching to pupils his views on same-sex marriage, a case considering whether the potentially disruptive...more
Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more
With the number of UK redundancies during December 2022 having doubled compared to the same period during 2021 and a number of high-profile layoffs being announced daily, more businesses will likely have to make difficult...more
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
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
Redundancy and consultation processes have made headlines this month after P&O Ferries made around 800 of its staff redundant with immediate effect via a pre-recorded video message....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
Im Falle von Massenentlassungen hat der Arbeitgeber eine Vielzahl von Formalitäten zu beachten. Unter anderem muss der Arbeitgeber den Betriebsrat durch eine Mittelung informieren. Zusätzlich fordert das Gesetz, dass der...more
The 2022 Italian Budget Law (law no. 234/2021) has introduced a new three-stages procedure in case of redundancies caused by the closing of activities, with the aim to discourage the so-called offshoring, meaning the...more
Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more
In Martin v London Borough of Southwark, a teacher had raised a number of concerns with his employer that he and other teachers were working excessive hours. He brought a whistleblowing claim arguing that he had suffered a...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