This week we look at a case that covers the issue of what constitutes proper lawful consultation in smaller scale redundancies (fewer than 20). In particular, the case looks at whether there a need for group consultation, and...more
This week we mark the introduction on 26 October of the duty to take reasonable steps to prevent sexual harassment, and consider a few recent cases showing that this is a workplace issue that refuses to go away Last Saturday...more
After a slightly extended summer break, we return with a summary of the new sexual harassment rules due to come into force in just over two weeks....more
10/10/2024
/ Amended Legislation ,
Best Practices ,
Compliance ,
Compliance Dates ,
Employer Liability Issues ,
Employment Policies ,
Employment Tribunals ,
Equality Act ,
Equality and Human Rights Commission (EHRC) ,
New Guidance ,
Policies and Procedures ,
Risk Assessment ,
Sexual Harassment ,
UK
This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more
8/9/2024
/ Breach of Contract ,
Conciliation ,
Employer Liability Issues ,
Employment Tribunals ,
Holiday Pay ,
Payroll Deductions ,
Statute of Limitations ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Unpaid Wages
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
7/26/2024
/ Adoption ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
European Convention on Human Rights ,
Freedom of Religion ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Religious Beliefs ,
Religious Discrimination ,
Same-Sex Marriage ,
Social Networks ,
UK
Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...more
6/28/2024
/ Artificial Intelligence ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
Equality Act ,
EU ,
European Convention on Human Rights ,
Gender Identity ,
Human Rights ,
Protected Activity ,
Redacted Documents ,
Redundancy Dismissals ,
Religious Expression ,
Remote Working ,
Technology Sector ,
UK ,
UK Employment Appeal Tribunal
Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more
3/28/2024
/ Employment Discrimination ,
Employment Tribunals ,
Equal Pay ,
Financial Services Industry ,
Gender Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Jurisdiction ,
Pay Gap ,
Ports ,
Redundancy Dismissals ,
Religious Beliefs ,
Remote Working ,
Sex Discrimination ,
Termination ,
UK ,
UK Employment Appeal Tribunal
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
11/30/2023
/ Arbitration ,
Bonuses ,
Clawbacks ,
Consultation ,
Employment Litigation ,
Employment Tribunals ,
European Convention on Human Rights ,
Gig Economy ,
Independent Contractors ,
International Labor Organization (ILO) ,
Judicial Review ,
Resignation ,
Restraint of Trade ,
TUPE ,
UK ,
UK Employment Appeal Tribunal ,
UK Supreme Court ,
Unions ,
Wage and Hour
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
10/31/2023
/ Blacklist ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Rights Act ,
Employment Tribunals ,
Equality Act ,
Hiring & Firing ,
Holiday Pay ,
Information Commissioner's Office (ICO) ,
Race Discrimination ,
Redundancy Dismissals ,
UK Employment Appeal Tribunal ,
UK GDPR ,
UK Supreme Court ,
Underpayment ,
Unfair Dismissal ,
Wage and Hour
Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more
7/28/2023
/ Age Discrimination ,
Anti-Nepotism Laws ,
Disability Discrimination ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Tribunals ,
Equality Act ,
Flexible Work Arrangements ,
Harassment ,
Human Resources Professionals ,
Human Rights ,
LGBTQ ,
Pending Legislation ,
Public Schools ,
Race Discrimination ,
Religious Beliefs ,
Social Networks ,
Termination ,
Transgender ,
UK ,
UK Employment Appeal Tribunal ,
Unconscious Bias ,
Unfair Dismissal
Our May update includes cases on the removal of an EAT panel member for bias in a case involving religious belief and the teaching of children about same sex marriage, the effect of a CPO which prevents individuals from...more
5/26/2023
/ Bias ,
Employment Tribunals ,
EU ,
Human Resources Professionals ,
Non-Compete Agreements ,
Proposed Amendments ,
Rules of Civil Procedure ,
TUPE ,
UK ,
UK Employment Appeal Tribunal ,
Work Schedules
Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more
2/22/2023
/ Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Tribunals ,
Evidence ,
Human Resources Professionals ,
Marital Status ,
Marital Status Discrimination ,
Non-Disclosure Agreement ,
Settlement Agreements ,
UK ,
UK Employment Appeal Tribunal ,
WhatsApp
Our October update includes new case law on Long Covid/disability discrimination, confirmation of limits on the scope of protected philosophical beliefs, and a tricky case on extending discrimination time limits. It also...more
The Bank of England has forecast that the UK economy will be entering into a recession in late 2022, with the economic contraction expected to last for just over a year, followed by a period of weak growth. Statistics from...more
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
Our June update looks at case law developments relating to health and safety dismissals for remaining away from/expressing concerns about Covid in the workplace, the consequences of not complying with the strict requirements...more
6/22/2022
/ Conciliation ,
Coronavirus/COVID-19 ,
Employment Tax ,
Employment Tribunals ,
Hiring & Firing ,
Human Rights ,
Independent Contractors ,
Rehiring Issues ,
Remote Working ,
UK ,
UK Employment Appeal Tribunal