On 10 October 2024, the government published the text of its Employment Rights Bill (the Bill). The Bill, which was announced in the King’s Speech over the summer, includes sweeping changes to the employment law landscape in...more
The UK government has recently indicated that it intends to introduce the “right to switch off” for workers. This follows a global trend of similar legislation in other jurisdictions. As outlined in our earlier post on...more
After winning the general election last month, the new UK government has started to focus on the implementation of its manifesto pledges, as discussed in our previous alert. The King’s Speech, which took place on 17 July...more
At a Glance -
The UK government has passed three family-related Acts that employers should be aware of: the Neonatal Care Act; the Protection from Redundancy Act; and the Carer’s Leave Act....more
Dismissal of Whistleblower Was Not Automatically Unfair -
In Kong v Gulf International Bank (UK) Ltd [2022] EWCA Civ 941, the Court of Appeal considered whether the dismissal of a whistleblower was automatically unfair....more
Clarification on Worker Status -
In Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229, the Court of Appeal (CoA) considered whether an obligation on the part of a worker to perform a minimum amount of work was...more
Tesco Restrained From ‘Firing and Rehiring’ Employees In USDAW and ors v Tesco Stores Ltd [2022] EWHC 201 (QB), the High Court (HC) granted an injunction to restrain U.K. supermarket giant, Tesco, from ‘firing and rehiring’...more
Recent Employment Tribunal (ET) decisions have shed light on the risks that can arise for employers where employees refuse to attend the workplace because of COVID-19 concerns. We consider below how ETs have dealt with claims...more
There have been several important developments to employment law in the United Kingdom in 2021 including the end of the furlough scheme, how employers bring back to work and vaccination requirements.
Additionally,...more
Was a Redundancy Dismissal Unfair Because of Lack of Appeal?
In Gwynedd Council v (1) Barratt (2) Hughes [2021] EWCA Civ 1322, the Court of Appeal (CA) considered whether an employer’s failure to give an employee an...more
Many employers will be hoping to return to the workplace in 2021 and the newly approved vaccines are likely to play a major role in this push. In the U.K., the National Health Service (NHS) has begun its rollout of the...more
The UK Government has announced that the Coronavirus Job Retention Scheme (also known as the furlough scheme) will be extended until 31 March 2021. Prior to this announcement, the furlough scheme was due to close on 31...more
A new Job Support Scheme designed to protect jobs in businesses facing lower demand over the winter months due to the COVID-19 pandemic will take effect November 1, 2020 and last for six months, the U.K. government announced...more
Disability Discrimination: Was the Discrimination ‘Because Of’ Disability or ‘But For’ Disability?
In Robinson v Department for Work and Pensions [2020] EWCA Civ 859, the Court of Appeal provided helpful guidance on the...more
In the case of Duchy Farm Kennels v. Steels, the High Court considered whether a term of confidentiality in a COT3 settlement agreement was a condition of the agreement, in which case a former employee’s breach of that term...more
In the final instalment of our series examining the return to work post-shutdown in the U.K., we look at the potential trends and longer-term changes that the COVID-19 pandemic will likely have on U.K. workplaces.
The...more
In this second instalment in our series examining the challenges U.K. employers are likely to face in the coming months, Faegre Drinker’s London labor and employment attorneys consider how employers can manage the economic...more
Recent Updates on the U.K.’s Furlough Leave -
The U.K. government has published various updates to its guidance on the Coronavirus Job Retention Scheme (colloquially known as the furlough leave scheme). Below we summarise...more
The coronavirus pandemic has led to unprecedented changes and challenges for employers. In response, the U.K. Government has announced various measures to assist U.K. employers, who must now navigate a new array of U.K....more
Statutory Changes to U.K. Employment Law -
National Minimum Wage 2020 -
The minimum hourly wages will increase from 6 April 2020:
•The National Living Wage for those aged 25 and above will increase from £8.21 to...more
Holiday Pay for Part-Year Workers -
In Harpur Trust v Brazel [2019] EWCA Civ 1402, the Court of Appeal considered how the holiday pay of a part-year worker should be calculated.
Ms Brazel was employed as a visiting...more
Was an Employer Liable for an Employee’s Discriminatory Acts on Social Media?
In Forbes v LHR Airport Ltd UKEAT/0174/18/DA, the Employment Appeal Tribunal (EAT) considered whether an employee’s discriminatory acts on...more
Must Employers Record All Hours Worked?
In Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (Case C-55/18), the European Court of Justice (ECJ) considered whether the EU’s Working Time Directive...more
Do Disciplinary Proceedings Have to Wait Until a Criminal Investigation Is Completed?
In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered whether conducting disciplinary...more
TUPE: Pre-Transfer Dismissal Was Automatically Unfair -
In Hare Wines Ltd v Kaur [2019] EWCA Civ 216, the U.K.’s Court of Appeal considered whether the dismissal of an employee immediately before a transfer under the...more