The return of our monthly format for employment law updates sees new cases on whether a failure to carry out ACAS Early Conciliation is fatal to claims progressing, whether a claimant after proceedings are ongoing can add new...more
1/30/2025
/ Appeals ,
Conciliation ,
Dismissals ,
Employment Discrimination ,
Employment Litigation ,
Employment Rights Act ,
Pregnancy ,
Tribunals ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblowers
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
7/26/2024
/ Adoption ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
European Convention on Human Rights ,
Freedom of Religion ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Beliefs ,
Religious Discrimination ,
Same-Sex Marriage ,
Social Networks ,
UK
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
6/28/2024
/ Artificial Intelligence ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
Equality Act ,
EU ,
European Convention on Human Rights ,
Gender Identity ,
Human Rights ,
Protected Activity ,
Redacted Documents ,
Redundancy Dismissals ,
Religious Expression ,
Remote Working ,
Technology Sector ,
UK ,
UK Employment Appeal Tribunal
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
5/30/2024
/ Disability ,
Disability Discrimination ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Information Reports ,
Pay Gap ,
Sexual Harassment ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblowers
Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what...more
2/28/2024
/ Appeals Tribunals ,
Employment Discrimination ,
Employment Litigation ,
Employment Rights Act ,
European Convention on Human Rights ,
Human Resources Professionals ,
Job Applicants ,
Joint and Several Liability ,
Legislative Agendas ,
New Guidance ,
Political Parties ,
UK ,
Unfair Dismissal ,
Unfair Labor Practices ,
Wage and Hour ,
Whistleblowers
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
2/1/2024
/ Employment Contract ,
Employment Litigation ,
Flexible Work Arrangements ,
Grievance Process ,
Paternity Leave ,
Proposed Legislation ,
Settlement Agreements ,
Sexual Harassment ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Work Schedules
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
11/30/2023
/ Arbitration ,
Bonuses ,
Clawbacks ,
Consultation ,
Employment Litigation ,
Employment Tribunals ,
European Convention on Human Rights ,
Gig Economy ,
Independent Contractors ,
International Labor Organization (ILO) ,
Judicial Review ,
Resignation ,
Restraint of Trade ,
TUPE ,
UK ,
UK Employment Appeal Tribunal ,
UK Supreme Court ,
Unions ,
Wage and Hour
Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more
3/23/2023
/ Contract Terms ,
Employer Liability Issues ,
Employment Litigation ,
Flexible Work Arrangements ,
Hiring & Firing ,
Human Resources Professionals ,
Maternity Leave ,
Proposed Legislation ,
Redundancy Dismissals ,
Redundancy Payments ,
Settlement Agreements ,
Sex Discrimination ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Work Schedules
Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more
2/22/2023
/ Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Tribunals ,
Evidence ,
Human Resources Professionals ,
Marital Status ,
Marital Status Discrimination ,
Non-Disclosure Agreement ,
Settlement Agreements ,
UK ,
UK Employment Appeal Tribunal ,
WhatsApp
Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more
1/19/2023
/ Bereavement Leave ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Human Resources Professionals ,
Medical Leave ,
Paid Leave ,
Parental Leave ,
Pregnancy Discrimination ,
Privileged Communication ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Without Prejudice Privilege ,
Work Schedules
Our December update includes new case law on a very unusual take on taxing payments under settlement agreements, how difficult it can be to withdraw an appeal and stop a dismissal from vanishing, and the consequences, even if...more
12/15/2022
/ Bias ,
Employee Misconduct ,
Employment Litigation ,
Health and Safety ,
Hiring & Firing ,
Human Resources Professionals ,
Income Taxes ,
Non-Disclosure Agreement ,
Pay Gap ,
Racial Bias ,
Settlement Agreements ,
UK ,
Workplace Safety
At the end of November, a French appeal court ruled that an employer could not dismiss an employee (called in this case “Mr T”) for refusing to participate in after-work drinks and team building activities. The judgment made...more
Our July update includes new case law on Long covid being held to be a disability, challenging the privileged status of “without prejudice” correspondence, and an unfair dismissal case in which a Tribunal made an overall...more