News & Analysis as of

UK Employment Appeal Tribunal

BCLP

Employment Rights Bill, Whistleblowing, and Sex-based Discrimination

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This week we summarise three very recent developments in employment law, one involving the Employment Rights Bill (ERB) and two new cases....more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – September 2024

Here is a look at recent developments in UK employment law: The Worker Protection (Amendment of Equality Act 2010) Act 2023 (the “Act”) will come into force on 26 October 2024 and will require employers to take proactive...more

A&O Shearman

The UK Supreme Court puts limits on the use of fire and rehire

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The UK Supreme Court has restored an injunction preventing Tesco from using the “fire and rehire” route to remove employees’ contractual entitlements to enhanced pay. Its judgment is fact-specific and does not prevent ...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – August 2024

Here is a look at recent developments in UK employment law...more

BCLP

Unlawful Deductions Claims and Tricky Time Limits

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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

Hogan Lovells

Pending reorganisation relevant to whether capability dismissal justified

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In Cairns v The Royal Mail Group Ltd, the UK EAT held that the possibility of delaying a disabled employee’s dismissal pending a reorganisation was relevant to whether his dismissal was justified. Although the employee was...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – July 2024

Here is a look at recent developments in UK employment law: The Labour Party has proposed key changes to UK employment laws. The Employment Appeal Tribunal considered whether an employer was justified in printing documents...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash

In this issue we discuss the new Labour government’s proposals to strengthen protections for employees; an Employment Appeal Tribunal decision that affirmed that an employee’s waiver of future claims that were unknown at the...more

Hogan Lovells

Employment in the news | June 2024

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Alongside the constant stream of election related news, there were two EAT decisions in June, dealing with “pool of one” redundancies and ill-health dismissals, which will be of interest. In future, there will be further...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Redundancy Dismissal Found to Be Unfair Following Failure to Consult Employee on ‘Pool of One’

The Employment Appeal Tribunal (EAT) has held in Valimulla v. Al-Khair Foundation [2023] that an individual was unfairly dismissed because his employer failed to consult him on his placement in a redundancy selection pool of...more

BCLP

UK HR Two-Minute Monthly: June 2024

BCLP on

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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – June 2024

In this month’s instalment, our team discuss recent findings by the Employment Appeal Tribunal that employers should consult on the fairness of redundancy pools and that future claims can be waived under a settlement...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – May 2024

Key developments in UK employment law in May included an Employment Appeal Tribunal finding that a volunteer can be a worker if they are entitled to be remunerated. The Employment Appeal Tribunal also held that a trivial...more

BCLP

UK HR Two-Minute Monthly: May 2024

BCLP on

Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

Hogan Lovells

Employment in the news | April 2024

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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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – April 2024

In this month’s instalment, our team discuss recent findings by the Employment Appeal Tribunal that: We also discuss a recent Supreme Court ruling that UK trade union law breaches workers’ rights....more

BCLP

UK HR Two-Minute Monthly: April 2024

BCLP on

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Hogan Lovells

Employment in the news | March 2024

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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

BCLP

UK HR Two-Minute Monthly: March 2024

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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

Hogan Lovells

Don't ask, do get - employee could "seek" parental leave without formally requesting it

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An employee is protected against being dismissed or subjected to a detriment because they took or sought to take parental leave. The issue for the UK EAT in Hilton Foods Solutions Ltd v Wright was whether an employee had...more

Littler

Back to the Future? UK Government Consults on the Potential Reintroduction of Tribunal Fees

Littler on

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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – February 2024

In this month’s instalment, our team discuss the government’s response to the consultation on the draft statutory Code of Practice on Dismissal and Re-engagement and the Employment Tribunal’s findings that an employer was...more

A&O Shearman

Managing a clash of rights in the workplace – recent cases and legal consideration

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In the third instalment of our equality and discrimination blog series, I explore how to deal with the growing issue of addressing conflicting rights in the workplace. This is one of the most difficult challenges for...more

BCLP

UK HR Two Minute Monthly: January 2024

BCLP on

Our January update includes a new Court of Session case giving (a degree of) certainty on settlement agreements prohibiting future unknown claims and a new case on constructive dismissal focusing on the rules around delaying...more

Vedder Price

UK Government Proposes to Reintroduce Employment Tribunal Fees

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Seven years after the UK Supreme Court decided that the payment of fees to bring Employment Tribunal claims was unlawful and should be abolished, the Government has published a consultation paper to reintroduce fees in the...more

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