Employment Law Brief

Individual liability in discrimination cases

Friday, 17 May 2024

The Employment Appeal Tribunal (EAT) has offered guidance on when an individual respondent could be found liable for discriminating against a claimant.

Individual liability in discrimination cases

Articles & Blogs Employment

Government introduces new 'WorkWell' pilot scheme

Friday, 17 May 2024

Following the Prime Minister's announcement about plans to help people with health conditions return to work, the Government has now confirmed a new pilot scheme will launch in October.

Government introduces new 'WorkWell' pilot scheme

Articles & Blogs Employment

'Fire and re-hire': tribunals may uplift protective award by up to 25% under new statutory Code

Friday, 17 May 2024

Tribunals are to be given the power to uplift the protective award by up to 25% where employers have unreasonably failed to follow the new statutory Code on dismissal and re-engagement.

'Fire and re-hire': tribunals may uplift protective award by up to 25% under new statutory Code

Articles & Blogs Employment

Claim missed off list of issues should have been considered by Tribunal

Thursday, 09 May 2024

The Employment Appeal Tribunal (EAT) has ruled that Tribunals must consider all claims raised by a claimant and should not rely solely on an agreed list of issues.

Claim missed off list of issues should have been considered by Tribunal

Articles & Blogs Employment

Changes to employer's duty to prevent sexual harassment - technical guidance expected in September 2024

Thursday, 09 May 2024

The Equality and Human Rights Commission (EHRC) has confirmed that it intends to update its technical guidance to reflect the changes that will be introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023.

Changes to employer's duty to prevent sexual harassment - technical guidance expected in September 2024

Articles & Blogs Employment

Discrimination arising from disability - even a minor aspect of treatment can be grounds for a claim

Thursday, 09 May 2024

In a recent case, the Employment Appeal Tribunal (EAT) has confirmed that even a minor component of the reason for treatment can lead to a claim for discrimination arising from disability.

Discrimination arising from disability - even a minor aspect of treatment can be grounds for a claim

Articles & Blogs Employment

Government launches call for evidence on reform of fit notes

Friday, 03 May 2024

The Department for Work and Pensions and the Department of Health and Social Care have issued a call for evidence to explore recently announced proposals to reform the fit note process.

Government launches call for evidence on reform of fit notes

Articles & Blogs Employment

Manipulation of decision-maker irrelevant to whistleblowing detriment claim

Friday, 03 May 2024

The Employment Appeal Tribunal (EAT) has confirmed that in whistleblowing detriment cases, the Tribunal should not look behind the motive of the decision-maker in order to consider whether a third party was manipulating the situation.

Manipulation of decision-maker irrelevant to whistleblowing detriment claim

Articles & Blogs Employment

Different types of allowance could be grouped together in holiday pay claim

Friday, 03 May 2024

The Employment Appeal Tribunal (EAT) has considered how to recover a 'series of deductions' for holiday pay purposes, in light of last year's Supreme Court judgment in the case of Agnew.

Different types of allowance could be grouped together in holiday pay claim

Articles & Blogs Employment

Lack of protection against detriment for taking part in industrial action breaches human rights

Thursday, 25 April 2024

The Supreme Court has confirmed that the lack of statutory protection against detriment for participating in industrial action breaches the right of freedom of assembly under article 11 European Convention on Human Rights (ECHR).

Lack of protection against detriment for taking part in industrial action breaches human rights

Articles & Blogs Employment

Statutory Code of Practice on dismissal and re-engagement to be in force by July 2024

Thursday, 25 April 2024

The Government has confirmed that the new statutory Code of Practice on dismissal and re-engagement will be brought into force by July 2024, subject to parliamentary approval.

Statutory Code of Practice on dismissal and re-engagement to be in force by July 2024

Articles & Blogs Employment

TUPE: post-transfer changes to terms and conditions of employment

Thursday, 25 April 2024

A recent EAT decision demonstrates the importance of evidencing reasons for post-TUPE changes to terms and conditions of employment, in order to successfully defend claims.

TUPE: post-transfer changes to terms and conditions of employment

Articles & Blogs Employment

Guidance published by Government and ACAS on the new right to statutory carer's leave

Friday, 19 April 2024

From 6 April 2024, employees in England, Wales and Scotland have a statutory right to one week's unpaid carer's leave. Both the government and ACAS have now published helpful guidance on how carer's leave will work in practice.

Guidance published by Government and ACAS on the new right to statutory carer's leave

Articles & Blogs Employment

EAT upholds tribunal's decision to reject race discrimination claim despite error in reasoning

Friday, 19 April 2024

The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal's decision to reject a race discrimination claim, despite finding that the Tribunal had erred in some of its reasoning.

EAT upholds tribunal's decision to reject race discrimination claim despite error in reasoning

Articles & Blogs Employment

Termination of employment for breakdown of working relationship fair despite lack of process

Friday, 19 April 2024

The Employment Appeal Tribunal has found that an employer was justified in dismissing an employee due to a breakdown in working relationships, despite the fact the employer did not follow a process or offer a right of appeal.

Termination of employment for breakdown of working relationship fair despite lack of process

Employment

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