Employment Law Brief

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

Articles & Blogs Employment

The DfE has recently published new guidance relating to significant changes for academies

Friday, 12 April 2024

The guidance (the Guidance) has been re-framed around the matter of strategic place planning, specifically ensuring sufficient school places and managing any excess capacity which there might be in the system.

The DfE has recently published new guidance relating to significant changes for academies

Articles & Blogs Employment

Updated government guidance clarifies new holiday pay rules for salaried term-time only workers

Friday, 12 April 2024

Following feedback, the Government has updated its with respect to the new rules on the accrual of statutory holiday for part-year and irregular hours workers. The new rules take effect for leave years starting on or after 1 April 2024.

Updated government guidance clarifies new holiday pay rules for salaried term-time only workers

Articles & Blogs Employment

Tribunal online services announces planned outage

Friday, 12 April 2024

The planned outage, announced by HM Courts and Tribunals Service (HMCTS), will affect all Employment Tribunal online services overnight on Thursday 18 April.

Tribunal online services announces planned outage

Articles & Blogs Employment

Key employment law changes in place from 6 April 2024

Friday, 12 April 2024

A number of new and enhanced employment law rights took effect on 6 April 2024. The changes include the new right to unpaid carer's leave, enhanced redundancy protection for family leave returners, and changes to the flexible working regime.

Key employment law changes in place from 6 April 2024

Articles & Blogs Employment

Dismissal of 'whistleblower' is not automatically unfair if decision-maker did not know the content of the protected disclosure

Friday, 12 April 2024

The EAT has ruled that if an employee makes a whistleblowing disclosure and is subsequently dismissed, the employer is not liable for automatic unfair dismissal if the decision-maker did not know the substance of the protected disclosure.

Dismissal of 'whistleblower' is not automatically unfair if decision-maker did not know the content of the protected disclosure

Articles & Blogs Employment

Tribunal strikes out claim due to claimant's deceptive conduct

Wednesday, 03 April 2024

In a rare decision, a Tribunal has struck out a claim at the remedy stage after finding a claimant had destroyed relevant evidence.

Tribunal strikes out claim due to claimant's deceptive conduct

Employment

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