Although the government’s Job Retention Scheme (JRS) was initially expected to close on 31 October 2020, on 5 November 2020 the government announced that it would remain in place in some form until the end of March 2021 (the...more
Tell me more – ICO publishes detailed subject access guidance -
The ICO has published detailed guidance for handling subject access requests. This is relevant to employers responding to subject access requests from...more
11/5/2020
/ Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Data Protection ,
EU ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Information Commissioner's Office (ICO) ,
International Labor Laws ,
Job Retention Schemes ,
Personal Data ,
Subject Access Request (SAR) ,
UK ,
UK Brexit ,
Withdrawal Agreement
The UK government announced its Job Support Scheme (JSS Open) on 24 September and revised terms on 22 October. An expanded version of the Job Support Scheme (JSS Closed) is available for businesses that are required to close...more
Only joking – employer not vicariously liable for practical joke -
In Chell v Tarmac Cement and Lime Ltd employees of Roltech Engineering were contracted to work alongside Tarmac employees at a site, resulting in some...more
On 24 September 2020 the UK government announced its Job Support Scheme (JSS), which will open on 1 November when the current Job Retention Scheme (JRS) comes to an end. It will run for six months until the end of April 2021....more
Replacement for furlough scheme announced -
On 24 September the government announced the Job Support Scheme, which will open on 1 November. The Job Support Scheme will support wages for employees who are performing at...more
If it ain't broke – material factor still explained pay disparity after job evaluation -
Employers have a defence to an equal pay claim if they can show that a difference in pay between an employee and their comparator is...more
9/16/2020
/ Data Breach ,
Data Collection ,
Employer Liability Issues ,
Equal Pay ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
International Labor Laws ,
Pay Equity Laws ,
Pay Gap ,
Redundancy Dismissals ,
UK ,
Wage and Hour
Way ahead – Roadmap for employment tribunals published:
The Presidents of the Employment Tribunals have published a roadmap outlining a plan for increasing the number of employment tribunal hearings that can take place...more
On 20 March 2020 the UK government announced its coronavirus Job Retention Scheme (JRS), which allowed businesses to place employees on furlough (temporary leave of absence) and reclaim 80% of their usual monthly wage costs...more
On 20 March 2020 the UK government announced its Job Retention Scheme (JRS). The JRS allows businesses to place employees on furlough (temporary leave of absence) and reclaim 80% of their usual monthly wage costs from HMRC,...more
This note addresses some of the key questions employers are asking about their obligations to employees when businesses start to re-open on a phased basis after the UK's approach to lockdown is scaled back. It will be updated...more
Motive matters -
Employer not liable for rogue employee's data breach -
The Supreme Court confirmed that an employer was not vicariously liable for a data breach carried out by an employee as a personal vendetta against the...more
On 20 March 2020 the UK government announced its Job Retention Scheme (JRS), which will run for an initial period of three months from 1 March 2020. It is expected to be operational by the end of April 2020. The JRS will...more
COVID-19 -
We have collated some questions employers are asking in connection with their obligations to employees during the current public health emergency. ...more
What's in a name? Return to work was a return to employee's old role -
In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more
3/10/2020
/ Age Discrimination ,
Breach of Contract ,
Disability Discrimination ,
Disability Leave ,
Employment Litigation ,
Former Employee ,
International Labor Laws ,
Leave of Absence ,
Legal Advice ,
PHI ,
Restrictive Covenants ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
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
2/26/2020
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Grievance Process ,
Gross Misconduct ,
Hiring & Firing ,
International Labor Laws ,
Labor Law Violations ,
New Guidance ,
Non-Disclosure Agreement ,
Return-to-Work Agreements ,
UK ,
Unfair Dismissal
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
1/13/2020
/ Employee Misconduct ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
Job Promotions ,
Labor Regulations ,
Legislative Agendas ,
Regulatory Agenda ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Workplace Investigations
Red faces – no gross misconduct when employee revealed executive's pay -
The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more
12/16/2019
/ Couriers ,
Defense Strategies ,
Employee Definition ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Hiring & Firing ,
International Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Wrongful Termination
It's not what you know – dismissal for whistleblowing despite dismissing manager's belief -
In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more
12/3/2019
/ Court of Justice of the European Union (CJEU) ,
Disciplinary Proceedings ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Entitlements ,
Hiring & Firing ,
Holidays ,
International Labor Laws ,
Labor Regulations ,
Retaliation ,
Senior Managers ,
Sick Leave ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblower Protection Policies ,
Whistleblowers
If it ain't broke – removing extended absence trigger a failure to make a reasonable adjustment -
Removing an extended sickness absence trigger point from an employee with ME/ chronic fatigue syndrome was a failure to make...more
11/18/2019
/ Breach of Duty ,
Constructive Discharge ,
Disability Discrimination ,
Diversity ,
FTSE ,
Hiring & Firing ,
Internal Investigations ,
International Labor Laws ,
Leave of Absence ,
Reasonable Accommodation ,
UK ,
UK Employment Appeal Tribunal ,
Woman Board Members
Further developments in relation to harassment -
The EAT confirmed in Bessong v Pennine Care NHS Foundation Trust that as the law currently stands employers will not generally be liable for third party harassment of...more
11/5/2019
/ Appeals ,
Appeals Tribunals ,
Confidentiality Agreements ,
Copyright ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Equality and Human Rights Commission (EHRC) ,
International Labor Laws ,
Inventions ,
Inventors ,
Ownership of Works ,
Sexual Harassment ,
UK
Coming clean – false reason for dismissal shifted burden of proof -
In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with it was enough to shift the...more
10/21/2019
/ Appeals ,
Aviation Industry ,
British Airways ,
Burden of Proof ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Race Discrimination ,
Strike ,
UK ,
UK Parliament ,
Unions
No harassment as conduct not related to sex -
The EAT decision in Raj v Capita Business Services Ltd is a reminder that behaviour, even if it is unwanted and creates a hostile or intimidating work environment, is only...more
9/24/2019
/ #MeToo ,
Employee Rights ,
Equality Act ,
Harassment ,
Hostile Environment ,
International Labor Laws ,
Off-Payroll ,
Privilege Waivers ,
Sexual Harassment ,
UK ,
Wage and Hour
Noteworthy – no holiday pro-rating for "part year" music teacher -
In The Harpur Trust v Brazel the Court of Appeal confirmed that a music teacher was entitled to be paid for 5.6 weeks' annual holiday, even though she only...more
9/9/2019
/ Constructive Discharge ,
Diversity ,
Employer Liability Issues ,
Employment Litigation ,
Equality and Human Rights Commission (EHRC) ,
Foreign Workers ,
Holiday Pay ,
Immigrants ,
International Labor Laws ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
Something old – government responds to two consultations -
The government has outlined its proposals for regulating confidentiality clauses in the context of discrimination and harassment claims, and on extending...more
7/29/2019
/ Confidentiality Policies ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Flexible Work Arrangements ,
International Labor Laws ,
Labor Regulations ,
Parental Leave ,
Pregnancy Discrimination ,
UK ,
Wage and Hour