News & Analysis as of

United Kingdom Hiring & Firing Employment Litigation

Littler

UK: Fire and rehire –where are we now and what happens next?

Littler on

The controversial practice of “firing and rehiring” – dismissing employees and offering to re-engage them on new terms and conditions, typically to push through a negative change to which the employee has refused to agree –...more

A&O Shearman

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

A&O Shearman on

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

A&O Shearman

Tesco Express and implied terms put paid to firing and rehiring

A&O Shearman on

The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous...more

Hogan Lovells

Pending reorganisation relevant to whether capability dismissal justified

Hogan Lovells on

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

BCLP

Balancing Protected Characteristics - Religious Belief v Sexual Orientation: Ngole v Touchstone Leeds

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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

Katten Muchin Rosenman LLP

New UK Government: Employment Law Reforms – What Employers Need to Know

With a new Labour government comfortably moved into Whitehall, employers across England, Wales and Scotland should expect several employment law reforms to affect everyday business decisions in the coming months. Labour set...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

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2024

In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more

Littler

UK: Employee Unfairly Dismissed for Failure to Install App on Personal Phone

Littler on

A recent employment tribunal case, Alsnih v. Al Quds Al-Arabi Publishing & Advertising, ruled that a journalist was unfairly dismissed for refusing to install a work-related app on her personal phone. The app was considered...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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

BCLP

UK HR Two-Minute Monthly: March 2023

BCLP on

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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights - UK Employment Law - December 2022

In December’s UK Employment Law update, our team take a deeper look at the Employment Appeal Tribunal's (the “EAT”) determination in the Garrod v Riverstone Management discrimination case and explore the scope of “without...more

BCLP

UK HR Two-Minute Monthly: Settlement agreements, vanishing dismissals for gross misconduct, (lack of) mitigation and general news...

BCLP on

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

BCLP

Fight for the right (not) to party?

BCLP on

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

Hogan Lovells

UK EAT finds impact on other staff meant proposed adjustment for disabled employee not reasonable

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In Hilaire v Luton Borough Council, the UK EAT found that it was not a reasonable adjustment simply to slot a disabled employee into a new organisational structure as part of a redundancy exercise. Although this would have...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

Littler on

An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

Hogan Lovells

Impermanent - employer could dismiss and re-engage pay protected employees

Hogan Lovells on

The Court of Appeal in England and Wales decided that an employer was entitled to dismiss and offer to re-engage employees on new terms in order to remove pay protection it had originally referred to as “permanent”. The...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

Hogan Lovells on

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

Dechert LLP

Key Developments for Employers in the UK - Issue 3

Dechert LLP on

Welcome to the third edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative....more

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