July saw the usual slew of government activity before the summer break, with the publication of one review, two calls for evidence and a report from the 2023 whistleblowing review. In Parliament, the Employment Rights Bill...more
An EAT decision this month emphasised that employers should be proactive when looking for suitable alternative employment for employees in a redundancy situation. The High Court considered whether a business was vicariously...more
As the Employment Rights Bill made its way to the House of Lords with significant government amendments, Parliament approved the neonatal care leave regulations. The government issued a consultation paper on ethnicity and...more
The decision makes it harder for employers to act against employees who express protected views to which others object. Disciplinary action in that situation could be discrimination because of an employee’s religion or...more
It’s been all systems go in the second half of January. As the Employment Rights Bill completed its committee stage, the government (finally) confirmed that neonatal care leave and pay will come into force in April. EAT...more
Parents of babies that need hospital care shortly after birth will be entitled to neonatal care leave from April 2025. Leave is a day one right but pay is subject to service and earnings requirements. Employers should...more
Parliament returned from its summer recess in September, allowing proposals on preventing sexual harassment to progress and the right to request a more predictable contract to become law. Angela Rayner’s speech to the TUC...more
Last year the UK government promised to introduce a statutory Code of Practice setting out the standards employers should observe if they are considering dismissing and re-engaging staff as a way of changing employee terms...more
As part of its project to update the Employment Practices Data Protection Code, the UK ICO has published its second topic-specific draft guidance for consultation. The guidance covers processing information about workers’...more
In separate developments, the UK government announced two potentially significant changes for employers. The Retained EU Law (Revocation and Reform) Bill could mean that at least some EU-derived employment law will expire on...more
In Kocur v Angard Staffing Solutions Ltd, the Court of Appeal for England and Wales confirmed that agency workers have a right to be informed about vacancies in a hirer, not a right to apply for them on the same terms as...more
The High Court of Justice for England and Wales has prevented an employer from dismissing employees and offering to re-engage them on new terms. As the employer was seeking to remove a right to enhanced pay that it had...more
An English employment tribunal decided that it was fair for an employer to dismiss a care home worker when she refused to be vaccinated against COVID-19. However, employers should not assume that the decision means that it...more
Using “fire and rehire” as a way to implement changes to terms and conditions of employment has become increasingly controversial in the UK in recent years. In October the government blocked legislation that would have made...more
In the government’s response to the carer’s leave consultation it confirms that it will introduce five days’ unpaid carer’s leave per year for employees. This will be a day one right that employees can take on a flexible...more
The UK government published a consultation paper on making flexible working the default. Possible changes to the current framework include removing the service requirement for making a request, allowing more than one request...more
The UK government has published its national disability strategy, which is designed to help reduce the disability employment gap and ensure that disability is not a barrier to someone’s ability to reach their full potential....more
The FRC has commissioned research by Royal Holloway, University of London and the Involvement and Participation Association to look at how companies following the UK Corporate Governance Code have been incorporating the...more
First tribunal guidance on "serious and imminent" danger in context of COVID-19 -
In Rodgers v Leeds Laser Cutting Ltd the Employment Tribunal considered whether an employee had been unfairly dismissed for refusing to attend...more
4/26/2021
/ Adverse Employment Action ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
UK ,
Unfair Dismissal ,
Unfair Labor Practices ,
Workplace Safety
Space invaders – parking policy relevant to reasonable adjustments claim -
In Linsley v Commissioners for Her Majesty's Revenue and Customs the EAT confirmed that the employer's parking policy should not have been...more
4/15/2019
/ Appeals ,
Collective Bargaining ,
Disability Discrimination ,
Disciplinary Proceedings ,
Employer Liability Issues ,
Employment Policies ,
International Labor Laws ,
Parking Lots ,
Reasonable Accommodation ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal
Who's the boss? Employer liable for MD's assault on member of staff -
The Court of Appeal found an employer liable for its managing director's assault on a member of staff during a post-Christmas party drinking session, in...more