News & Analysis as of

Wage and Hour UK Employment Appeal Tribunal

A&O Shearman

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

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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

Hogan Lovells

Employment in the news | June 2024

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Alongside the constant stream of election related news, there were two EAT decisions in June, dealing with “pool of one” redundancies and ill-health dismissals, which will be of interest. In future, there will be further...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – May 2024

Key developments in UK employment law in May included an Employment Appeal Tribunal finding that a volunteer can be a worker if they are entitled to be remunerated. The Employment Appeal Tribunal also held that a trivial...more

Hogan Lovells

Employment in the news | April 2024

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April was a smorgasbord of developments, with a UK Supreme Court case on detriments and industrial action and two EAT decisions on international jurisdiction. In Parliament, another family-friendly bill is proceeding with...more

Hogan Lovells

Employment in the news | March 2024

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In March the government confirmed that changes to paternity leave, additional redundancy protection for pregnant employees and new parents and the right to carer’s leave will come into force in April as planned. We’re...more

Hogan Lovells

Don't ask, do get - employee could "seek" parental leave without formally requesting it

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An employee is protected against being dismissed or subjected to a detriment because they took or sought to take parental leave. The issue for the UK EAT in Hilton Foods Solutions Ltd v Wright was whether an employee had...more

BCLP

UK HR Two Minute Monthly: January 2024

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Our January update includes a new Court of Session case giving (a degree of) certainty on settlement agreements prohibiting future unknown claims and a new case on constructive dismissal focusing on the rules around delaying...more

Hogan Lovells

Employment in the news | January 2024

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In the run-up to Christmas, the government confirmed how carer’s leave and new protection against redundancy for pregnant employees and new parents will work. It announced changes to paternity leave in January and said that...more

BCLP

UK HR Two Minute Monthly: November 2023

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Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of 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 - January 2023

In our first UK Employment Law update of 2023, our team highlight key takeaways from the Employment Appeal Tribunal's (the "EAT") determination in the Ellis v Bacon marital status discrimination case and explore the scope of...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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights - UK Employment Law - November 2022

In November's UK Employment Law update, our team examine the EAT’s determination that a settlement agreement cannot waive an employee’s right to future claims for discrimination, highlight the impact of the Retained EU Law...more

BCLP

UK HR Two-Minute Monthly: Part-time holiday pay, whistleblowing, gender critical/trans discrimination and news roundup

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Our August update includes new case law on the calculation of holiday pay for part-time workers, a tricky case on whistleblowing, two cases on the balance between gender critical views and trans discrimination, a news roundup...more

Hogan Lovells

Disproportionate - term time worker's holiday not pro-rated

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The UK’s Supreme Court has confirmed that “part year” workers are entitled to 5.6 weeks’ holiday. Their holiday entitlement should not be pro-rated to reflect their actual hours of work, even though this means that they get...more

BCLP

UK HR Two Minute Monthly: non-compete covenants, serial tribunal litigants, statutory pay increases and right to work checks

BCLP on

Our April update considers key employment law developments from March 2022. It includes a new case on non-compete  covenants, increases to statutory pay limits, changes to right to work checks and a case looking at the...more

BCLP

UK HR Two Minute Monthly - March 2022

BCLP on

Our March update considers key employment law developments from February 2022. It includes an important case on holiday pay for gig economy workers, EAT guidance on employment status and a case considering the ability of a...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2022

In this issue, we examine the latest employment law developments, news and insights from the U.K., including a Supreme Court decision on when pay offers to union members outside the collective bargaining process are unlawful,...more

Hogan Lovells

Worker entitled to carry taken but unpaid holiday forward to end of employment

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In Smith v Pimlico Plumbers Ltd the Court of Appeal for England and Wales allowed a worker to carry forward statutory holiday he had accrued during the course of his employment, which he had taken but not been paid for, until...more

Littler

Littler Global Guide - United Kingdom - Q4 2021

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Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more

Hogan Lovells

It's personal - courier was worker, despite ability to offer slots to others

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In Stuart Delivery Ltd v Augustine, the UK Court of Appeal confirmed that a courier who could offer a time slot he had signed up to cover to other couriers was still obliged to perform work personally. This meant that he was...more

Hogan Lovells

Going rate – maintaining higher pay not a reasonable adjustment

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In Aleem v E-Act Academy Trust the UK EAT decided that it was not a reasonable adjustment to continue to pay an employee at her previous higher rate when she moved to a different lower-paid job because of a disability....more

Hogan Lovells

Employment News: equal pay, holiday pay, discrimination

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Cashiered – supermarket staff succeed in Supreme Court - To bring an equal pay claim, an employee has to point to a comparator of the opposite sex doing like work, work rated as equivalent or work of equal value. If the...more

Hogan Lovells

Employment News: whistleblowing, equal pay, compensation

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Employment newsletter In this weeks issue: Beating around the bush – disclosure did not have to identify legal obligation Gone fishing – disclosure in equal pay claims All change – tribunal limits and pay gap reporting ...more

Hogan Lovells

Employment News: harassment, COVID-19

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Timed out – reasonable steps defence fails because training stable - An employer can defend a discrimination claim under the Equality Act if it has taken all reasonable steps to prevent employees from committing acts of...more

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