Last year the UK government promised to introduce a statutory Code of Practice setting out the standards employers should observe if they are considering dismissing and re-engaging staff as a way of changing employee terms...more
Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...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
An English employment tribunal decided that it was fair for an employer to dismiss a care home worker when she refused to be vaccinated against COVID-19. However, employers should not assume that the decision means that it...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
First tribunal guidance on "serious and imminent" danger in context of COVID-19 - In Rodgers v Leeds Laser Cutting Ltd the Employment Tribunal considered whether an employee had been unfairly dismissed for refusing to attend...more
A huge thank you to all those who participated in our survey earlier this month on how your workplace has responded to the unique challenges presented by the pandemic for working parents and carers. As promised, we report...more
Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred...more
In this OnPoint, we report on a recent decision of the UK Employment Appeal Tribunal on the issue of the covert recording by employees of meetings with their employer, and the legal and practical issues this highlights in...more
Space invaders – parking policy relevant to reasonable adjustments claim - In Linsley v Commissioners for Her Majesty's Revenue and Customs the EAT confirmed that the employer's parking policy should not have been...more
In a unanimous decision, the Supreme Court of Puerto Rico recently reaffirmed its previous position that an act of aggression by an employee towards a coworker is sufficient to establish just cause for termination under...more
A number of employment related financial thresholds are indexed annually. Below is a summary of some important changes effective 1 July 2013....more