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
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
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
In this month's instalment, our team highlights the recent ACAS guidance on whistleblowing and employee absences, potential issues with legal advice privilege, workers’ rights in respect of holiday pay on termination and the...more
Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more
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
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
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
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
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
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
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
Split the difference - CJEU decision on fragmentation applies to service provision changes - When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...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
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
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
In this OnPoint, we report on a recent decision of the UK Employment Appeal Tribunal on the issue of the covert recording by employees of meetings with their employer, and the legal and practical issues this highlights in...more
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
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
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
A Year on: The Continued Rise of Employment Tribunal Claims - The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for April to June 2018. These quarterly statistics are of particular...more
All Things Brexit - Earlier this month, as the latest formal development concerning Brexit, the U.K. government published a White Paper entitled ‘The Future Relationship between the United Kingdom and the European Union’...more
Cosmeceuticals Ltd v Parkin [2017] EAT 0049_17_2706 considered the effective date of termination (EDT) for unfair dismissal purposes where an employee was initially dismissed with immediate effect but subsequently given...more
In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more