Employment Law Brief

Volunteer was a worker when undertaking remunerated activities

Friday, 24 May 2024

In a significant decision, the Employment Appeal Tribunal (EAT) has found that a volunteer was a worker when carrying out activities that attracted a right of remuneration.

Volunteer was a worker when undertaking remunerated activities

Articles & Blogs Employment

EHRC business plan highlights continued focus on sexual harassment

Friday, 24 May 2024

The Equality and Human Rights Commission (EHRC) has published its 2024/2025 business plan. This offers an interesting insight into key areas of strategic focus in the immediate future.

EHRC business plan highlights continued focus on sexual harassment

Articles & Blogs Employment

Government opens consultation on TUPE reforms shortly before announcing general election

Friday, 24 May 2024

Shortly prior to announcing the general election, the government opened consultation on proposals to reform TUPE and abolish European Works Councils.

Government opens consultation on TUPE reforms shortly before announcing general election

Articles & Blogs Employment

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

Employment

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