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Employer Liability Issues Unfair Dismissal Hiring & Firing

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

Hogan Lovells

On your marks - UK government announces Employment Rights Bill

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The King’s Speech confirms that the UK government will introduce an Employment Rights Bill into Parliament in the next session. This should be published within 100 days. Although the Speech and supporting papers provide more...more

Dorsey & Whitney LLP

Key Insights on Unfair Dismissal Laws in the UK for US-Based Employers

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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

Hogan Lovells

Shorter and clearer - UK government publishes "fire and re-hire" Code of Practice

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Changing employment terms by dismissing and re-engaging employees has become increasingly controversial. The government does not want to make so-called “fire and re-hire” illegal, but it also wants employers to view the...more

BCLP

UK HR Two Minute Monthly: October 2023

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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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – September 2023

This month we explore a recent Employment Appeal Tribunal case relating to the termination of employment by mutual agreement despite the employee receiving a dismissal letter. We also explore a recent Employment Tribunal case...more

BCLP

UK HR Two-Minute Monthly: March 2023

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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

Hogan Lovells

Fire and rehire - UK government publishes draft Code of Practice

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Last year the UK government promised to introduce a statutory Code of Practice setting out the standards employers should observe if they are considering dismissing and re-engaging staff as a way of changing employee terms...more

Littler

UK Employment Appeals Tribunal Upholds Dismissal of Employee who Refused to Work for COVID-related Safety Reasons

Littler on

In Rodgers v. Leeds Laser Cutting Ltd, the Employment Appeal Tribunal (EAT) upheld a decision that dismissal of an employee who refused to work due to COVID-19 safety concerns was not unfair....more

Hogan Lovells

Try it out - ill health dismissal discrimination when alternative role not properly trialled

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Dismissing an employee for long term sickness absence could be discrimination arising from a disability if an employer cannot show that the dismissal is objectively justified. The recent UK EAT decision in Department for Work...more

BCLP

UK HR Two Minute Monthly: specific disclosure, voluntary redundancy/unfair dismissal, religious belief harassment and changes to...

BCLP on

Our May update considers key employment law developments from April 2022. It includes an interesting case on specific disclosure requests, details about the future “road map” for employment tribunal proceedings, the new code...more

Hogan Lovells

Promises, promises - High Court prevents employer dismissing and re-engaging staff

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The High Court of Justice for England and Wales has prevented an employer from dismissing employees and offering to re-engage them on new terms. As the employer was seeking to remove a right to enhanced pay that it had...more

Morgan Lewis

UK High Court Halts Deployment of ‘Fire and Rehire’ Intended to Change Terms of Employment

Morgan Lewis on

The High Court of England and Wales in USDAW & Others v Tesco Stores Limited granted an injunction on 3 February preventing an international retailer, Tesco, from deploying “fire and rehire” to phase out an employee benefit....more

Littler

UK: Automatically Unfair COVID Dismissals

Littler on

As expected, in the United Kingdom there has been an increase in employees seeking to bring claims of automatic unfair dismissal where they have been dismissed for...more

Hogan Lovells

Fair to dismiss unvaccinated care home worker

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An English employment tribunal decided that it was fair for an employer to dismiss a care home worker when she refused to be vaccinated against COVID-19. However, employers should not assume that the decision means that it...more

BCLP

UK HR Two Minute Monthly - November 2021

BCLP on

Our November update considers key employment law developments from October 2021. It includes recent cases on age discrimination, anonymity in the employment tribunal and automatic unfair dismissal on health and safety grounds...more

Hogan Lovells

Avoiding fire and rehire - ACAS publishes guidance

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Using “fire and rehire” as a way to implement changes to terms and conditions of employment has become increasingly controversial in the UK in recent years. In October the government blocked legislation that would have made...more

Hogan Lovells

Refusing to let employee appeal redundancy dismissal not inevitably unfair

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In Gwynedd Council v Barratt the UK Court of Appeal confirmed that a redundancy dismissal will not be unfair solely because an employer has not offered an employee a right to appeal. However, failing to offer an appeal...more

Hogan Lovells

Who knew? Women less likely to be able to accommodate certain working patterns

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An employee will succeed with an indirect sex discrimination claim if she can show that her employer applied a provision, criterion or practice (PCP) that put women (including the employee) at a disadvantage when compared...more

Hogan Lovells

Employment News: health and safety, pay reporting

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First tribunal guidance on "serious and imminent" danger in context of COVID-19 - In Rodgers v Leeds Laser Cutting Ltd the Employment Tribunal considered whether an employee had been unfairly dismissed for refusing to attend...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine

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

Littler

Canada: Federal Court of Appeal Affirms Federally Regulated Employees Can Make Unjust Dismissal Complaints after Signing Releases

Littler on

Recently, in Bank of Montreal v. Li, 2020 FCA 22, the Federal Court of Appeal (FCA) dismissed the Bank of Montreal’s (BMO’s) appeal of the decision of the Federal Court (FC) in Bank of Montreal v. Li, 2018 FC 1298....more

Hogan Lovells

Employment News: PCPs, NDAs, unfair dismissal

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Turning a blind eye – one-off act not a PCP - In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more

Hogan Lovells

Employment News: disability, jurisdiction, covenants

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Timing is everything – acts pre-dating disability not discrimination - The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated...more

Hogan Lovells

Employment News: unfair dismissal, equal pay, what's new

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Gathering clouds – flawed investigation made dismissal unfair - In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more

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