After a slightly extended summer break, we return with a summary of the new sexual harassment rules due to come into force in just over two weeks....more
More than 3,500 workers have won a legal fight for equal pay against major UK retailer Next Retail Ltd. Following a six-year legal battle, the Employment Tribunal ruled that Next had failed to demonstrate that the lower basic...more
This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more
This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more
Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...more
A recent British legal case, which could impact U.S. and other international companies, has reinforced the complexities of cross-border employment, particularly where group companies are involved. The fact that a US company...more
April was a smorgasbord of developments, with a UK Supreme Court case on detriments and industrial action and two EAT decisions on international jurisdiction. In Parliament, another family-friendly bill is proceeding with...more
New statutory guidance has been published about controversial “fire and rehire” practices, where an employer dismisses a worker to then rehire them on different terms — a tactic typically used to compel an employee to accept...more
New right to take carer’s leave - The Carer's Leave Act 2023 and The Carer’s Leave Regulations 2024 give employees in the UK a new right to take “carer’s leave” with effect from 6 April 2024. An employee who has a...more
In March the government confirmed that changes to paternity leave, additional redundancy protection for pregnant employees and new parents and the right to carer’s leave will come into force in April as planned. We’re...more
A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing...more
Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more
At the end of January 2024, the UK Government set out a surprise proposal to introduce a £55 fee for individuals to bring proceedings in the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT). This would be a...more
Although major employment changes in the UK are largely on hold until the general election later in 2024, there are a number of specific changes impacting daily planning and policies, which need to be on Legal and HR’s action...more
Since companies began their return to the office post-pandemic, there has been an increasing polarization between those which feel the future is to ‘work anywhere’, versus those which see remote working as a COVID aberration...more
In Wilson v Financial Conduct Authority, the Employment Tribunal (ET) has found that the Financial Conduct Authority (FCA) was entitled to refuse an employee’s request to work entirely remotely, despite the fact that she was...more
Under Hong Kong’s court rules, the Labour Tribunal has exclusive jurisdiction over claims for money damages arising from an employment contract or the Employment Ordinance. A recent decision highlights the pitfalls in...more
Cette newsletter présente cinq décisions de jurisprudence rendues au cours des derniers mois : Motif économique de licenciement : les pertes d’exploitation doivent avoir un caractère sérieux et durable (Cass. soc., 18...more
This newsletter summarizes five significant judicial decisions over recent months: Economic grounds for redundancy: operating losses must be serious and lasting (Cass. soc., 18 October 2023, n°22-18.852 F-B) After...more
Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more
The Worker Protection (Amendment of Equality Act 2010) Bill received Royal Assent on 26 October. Although the new Worker Protection (Amendment of Equality Act 2010) Act 2023 will not come into force until October 2024, UK...more
Our October update includes a significant Supreme Court decision on how to treat historic underpayments of holiday pay, a preliminary tribunal hearing on whether a belief in race equality that opposed critical race theory was...more
In Ponticelli Limited v Gallagher, the Scottish appeal court, the Court of Session (CS) found that an employee’s right to participate in a Share Incentive Plan (SIP) transferred under TUPE, even though it was not referred to...more
Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more
In this month's instalment, our team highlights the recent ACAS guidance on whistleblowing and employee absences, potential issues with legal advice privilege, workers’ rights in respect of holiday pay on termination and the...more