News & Analysis as of

Employment Litigation Unfair Dismissal United Kingdom

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

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

BCLP

UK HR Two Minute Monthly: February 2024 - Can a Job Applicant Bring a Whistleblowing Claim, Who Pays Up When a Claimant Wins at...

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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

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

BCLP

UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation of long periods of loss of earning...

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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

BCLP

UK HR Two-Minute Monthly: Long Covid/disability, “without prejudice”, unfair dismissal statutory cap and news roundup

BCLP on

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

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

Faegre Drinker Biddle & Reath LLP

U.K. Employment Tribunal Decisions: When Employees Refuse to Attend the Workplace for Fear of COVID-19

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

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

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

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Impact of Lack of Appeal on Fairness of Redundancy Process, Dismissal for Assertion of a Statutory...

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

BCLP

UK HR Two Minute Monthly - October 2021

BCLP on

Our October 2021 update includes recent case developments with regard to whether a lack of an appeal renders dismissals unfair, the concept of “working time” under the Working Time Directive as well as less favourable...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Increased Clarity on Disability Discrimination, TUPE Contractual Variations and Unfair Dismissals

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

BCLP

UK HR Two Minute Monthly: disability discrimination; TUPE; employment status

BCLP on

As we move towards a ‘new normal’, our August 2020 update outlines some of the key non-COVID related employment law developments in the UK over the last month. It includes a TUPE-related ECJ judgment which takes a different...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

Hogan Lovells on

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

Hogan Lovells on

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

Hogan Lovells

Employment News: protected conversations, working time, investigations

Hogan Lovells on

It's no secret – protected conversation potentially admissible - The EAT decided in Harrison v Aryman Ltd that a claimant could potentially rely on a protected conversation in evidence. This was the case even though she...more

BCLP

HR Two Minute Monthly: disability discrimination; injury to feelings; unfair dismissal

BCLP on

Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more

Littler

UK Court Upholds Dismissal Based on Religious Employee’s Workplace Proselytising

Littler on

The Court of Appeal in the United Kingdom recently held that the dismissal of a nurse for improperly proselytising at work was fair (Kuteh v Dartford and Gravesham NHS Trust)....more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Disciplinary Proceedings, Compensation on an Unfair Dismissal and Religious Discrimination

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

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: TUPE-related Dismissal, Equal Pay and Bad Leaver Provisions

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

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