Compliance officers, take note: The U.K. government will be introducing two new bills in its next Parliamentary session that portend to have significant implications for employers. In May, the Labor Party published its “Plan...more
The High Court of Justice for England and Wales has prevented an employer from dismissing employees and offering to re-engage them on new terms. As the employer was seeking to remove a right to enhanced pay that it had...more
The High Court of England and Wales in USDAW & Others v Tesco Stores Limited granted an injunction on 3 February preventing an international retailer, Tesco, from deploying “fire and rehire” to phase out an employee benefit....more
Using “fire and rehire” as a way to implement changes to terms and conditions of employment has become increasingly controversial in the UK in recent years. In October the government blocked legislation that would have made...more
Turning a blind eye – one-off act not a PCP - In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more
A decree, dated July 26, 2019, has set a principle of modulation of employers’ contribution to the mandatory unemployment scheme (between 3 and 5.05%) depending on the number of contract terminations. All terminations count,...more
Act No. 2 of October 17, 1961 (Act 2) created a procedural process for the expeditious adjudication of employment claims in Puerto Rico. Among other ways to streamline the process, Act 2 bars the employer from filing a...more
The Puerto Rico Supreme Court (PRSC) recently issued an opinion in José Méndez et al v. Carso Construction, 2019 TSPR 19 (May 22, 2019), validating an arbitration clause that covers a claim under the Puerto Rico Unjust...more
Do Disciplinary Proceedings Have to Wait Until a Criminal Investigation Is Completed? In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered whether conducting disciplinary...more
A Year on: The Continued Rise of Employment Tribunal Claims - The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for April to June 2018. These quarterly statistics are of particular...more
The employment law landscape across the EU Member States is often markedly different from that in the US. Here, we take a look at five important employment issues to be aware of when a transaction includes employees in the...more
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
In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties. The Employment Tribunal...more
In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more
In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer. Mr Layton was employed as...more
In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more
There are a number of workplace changes which come into effect on Monday 1 July 2013. Businesses should be aware of these changes and review current practices, policies and procedures to ensure that they are compliant....more