Employment Law Brief

Resignation, Bonus and Payment and Lieu of Notice

Thursday, 17 March 2022

Will a pay in lieu of notice (PILON) clause exercised after an employee has already resigned, change a resignation into a dismissal?

Resignation, Bonus and Payment and Lieu of Notice

Articles & Blogs Employment

Gender Imbalance Found in Flexible Working for Caregivers

Thursday, 17 March 2022

New research by Business in the Community and Ipsos highlights experiences and attitudes about combining paid work with care, showing that caring responsibilities disproportionately limit women's career progression.

Gender Imbalance Found in Flexible Working for Caregivers

Articles & Blogs Employment

Court of Appeal Determines 'Irreducible Minimum of Obligation' Not a Prerequisite of Worker Status

Friday, 11 March 2022

The 'irreducible minimum' is a phrase coined in order to describe the three central factors which will generally determine whether an employment relationship exists between two parties - personal service, control and mutuality of obligation.

Court of Appeal Determines 'Irreducible Minimum of Obligation' Not a Prerequisite of Worker Status

Articles & Blogs Employment

Living With COVID Strategy - What Changes Are Coming Into Effect?

Thursday, 17 March 2022

The transition from compulsory to advisory self-isolation marks a key shift in the Government's COVID-19 response. However, it is not the only important change employers should note.

Living With COVID Strategy - What Changes Are Coming Into Effect?

Should Long COVID Be Treated as a Disability?

Friday, 11 March 2022

The head of employment policy at the Equality and Human Rights Commission (EHRC) suggests employers should treat staff suffering from long COVID as disabled. what does this mean for employers?

Should Long COVID Be Treated as a Disability?

Personal Emails Sent from General Business Enquiries Account Not Private or Confidential

Friday, 11 March 2022

In the case of Brake and another v Guy and others, the Court of Appeal has found an employee's personal emails sent from a general business enquiries account could not reasonably be expected to remain private or confidential.

Personal Emails Sent from General Business Enquiries Account Not Private or Confidential

Articles & Blogs Employment

Mandatory Vaccination Revoked in Health and Social Care Sectors from 15 March 2022

Friday, 04 March 2022

We previously reported on the Government's proposal to scrap mandatory vaccination for staff in the health and social care sectors. This week, the Government has confirmed the Regulations revoking the policy will come into effect on 15 March 2022.

Mandatory Vaccination Revoked in Health and Social Care Sectors from 15 March 2022

Articles & Blogs Employment

Tribunal Orders Re-engagement of Unfairly Dismissed Trader

Friday, 04 March 2022

A trader unfairly dismissed from his job at a bank in London has won a re-engagement order for an associated company in Hong Kong, and over £1.5 million in lost salary and benefits between dismissal and re-engagement.

Tribunal Orders Re-engagement of Unfairly Dismissed Trader

Articles & Blogs Employment

Both Employer and Employee Conduct Can Affect Unfair Dismissal Compensation

Friday, 04 March 2022

A recent Employment Appeal Tribunal (EAT) decision provides a useful demonstration of the circumstances under which the conduct of either employer or employee can reduce the amount of compensation awarded in an unfair dismissal claim.

Both Employer and Employee Conduct Can Affect Unfair Dismissal Compensation

Articles & Blogs Employment

TV Presenter Not an Employee Under IR35

Friday, 25 February 2022

An individual’s employment status for tax determines the taxes they pay. Individuals who avoid income tax and National insurance by supplying services through an intermediary in order to disguise their employment status, are targeted under a set of rules.

Articles & Blogs Employment

Wide ACAS Settlement Wording Held to Be Effective Waiver of Future Claims

Friday, 25 February 2022

A recent Employment Appeal Tribunal decision has held that a claim brought after a COT3 settlement had been signed was covered by drafted waiver clause, which covered all future claims arising directly or indirectly out of the claimant's employment.

Wide ACAS Settlement Wording Held to Be Effective Waiver of Future Claims

Articles & Blogs Employment

COVID Mandatory Self-Isolation Ends - What Does This Mean for Employers?

Friday, 25 February 2022

From 24 February 2022, mandatory self-isolation for people who test positive for COVID in England has ended and whilst this is seen as helpful to businesses, some staff may be feeling nervous about the change and how it might impact on them personally.

COVID Mandatory Self-Isolation Ends - What Does This Mean for Employers?

Articles & Blogs Employment

Agency Workers' Right to Be Notified of Vacancies Does Not Include Right to Apply

Friday, 25 February 2022

In a recent case the Court of Appeal has determined that Regulation 13 of the Agency Workers Regulations 2010 only gives agency workers the right to be notified of vacancies, and does not encompass the right to apply for the position.

Agency Workers' Right to Be Notified of Vacancies Does Not Include Right to Apply

Articles & Blogs Employment

Pimlico Plumbers Holiday Pay Case Judgment Amended by Court of Appeal

Friday, 18 February 2022

A significant holiday pay case involving a worker who had been denied the right to paid holiday during his employment has had its judgment amended by the Court of Appeal.

Pimlico Plumbers Holiday Pay Case Judgment Amended by Court of Appeal

Consultation Closed on Revoking Mandatory Vaccination Across All Health, Social Care and Care Home Settings

Friday, 18 February 2022

We previously reported the Government's intention to scrap mandatory COVID-19 vaccinations for health and social care staff, and staff in care homes in England.

Consultation Closed on Revoking Mandatory Vaccination Across All Health, Social Care and Care Home Settings

Employment

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