News & Analysis as of

Employment Tribunals Employment Litigation

Walkers

The Jersey Employment and Discrimination Tribunal's new costs regime: Key changes now in force

Walkers on

The introduction of the Employment and Discrimination Tribunal (Procedure) (Jersey) Amendment Order 2025 (Order) has significantly altered the costs regime in the Jersey Employment Tribunal. Having previously been a no-cost...more

King & Spalding

January Employment Law Update: Sounds Like Harassment?

King & Spalding on

Happy New Year! In our first monthly alert for 2025, we report on whether comments on an employee’s accent are unlawful harassment, on ‘gig economy’ worker rights – plus guidance on employers’ duties to prevent sexual...more

Katten Muchin Rosenman LLP

Is There a Storm Brewing? Unfair Dismissal – A Day One Right In the UK

The Employment Rights Bill is currently working its way through Parliament and is expected to be implemented in 2025. One of the key changes our clients are most concerned about is the plan to make the right not to be...more

Littler

UK Government Seeks to Extend Tribunal Claim Limitation Periods from 3 to 6 Months

Littler on

The Employment Rights Bill, published on October 10, 2024, has been making its way through Parliament and is currently going through the Commons Committee Stage, where a detailed examination of its provisions has been taking...more

A&O Shearman

Raising the stakes on collective redundancy consultation protective award uplift and future changes

A&O Shearman on

In just over a month, employers will risk having to pay higher protective awards for collective redundancy consultation breaches where they also unreasonably fail to follow the Code of Practice on Dismissal and Re-engagement....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Retail Workers Win Landmark Equal Pay Case

More than 3,500 workers have won a legal fight for equal pay against major UK retailer Next Retail Ltd. Following a six-year legal battle, the Employment Tribunal ruled that Next had failed to demonstrate that the lower basic...more

BCLP

Balancing Protected Characteristics - Religious Belief v Sexual Orientation: Ngole v Touchstone Leeds

BCLP on

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

BCLP

UK HR Two-Minute Monthly: June 2024

BCLP on

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

Dorsey & Whitney LLP

Key Insights on Unfair Dismissal Laws in the UK for US-Based Employers

Dorsey & Whitney LLP on

A recent British legal case, which could impact U.S. and other international companies, has reinforced the complexities of cross-border employment, particularly where group companies are involved. The fact that a US company...more

Littler

Back to the Future? UK Government Consults on the Potential Reintroduction of Tribunal Fees

Littler on

At the end of January 2024, the UK Government set out a surprise proposal to introduce a £55 fee for individuals to bring proceedings in the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT). This would be a...more

Ius Laboris

Hong Kong: Think twice before filing an employment claim directly to the High Court

Ius Laboris on

Under Hong Kong’s court rules, the Labour Tribunal has exclusive jurisdiction over claims for money damages arising from an employment contract or the Employment Ordinance. A recent decision highlights the pitfalls in...more

BCLP

UK HR Two Minute Monthly: November 2023

BCLP on

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

Blake, Cassels & Graydon LLP

Ontario : Compétence concurrente à l’égard des plaintes en matière de droits de la personne dans des milieux syndiqués

En octobre 2022, le Tribunal des droits de la personne de l’Ontario (le « Tribunal ») a rendu une décision provisoire dans l’affaire Weilgosh v. London District Catholic School Board (l’« affaire Weilgosh »). Le Tribunal...more

Blake, Cassels & Graydon LLP

Unionized Employees Can Bring Human Rights Claims to Ontario Human Rights Tribunal or Labour Arbitrators

In October 2022, the Ontario Human Rights Tribunal (Tribunal) released its interim decision in Weilgosh v. London District Catholic School Board. The Tribunal held that it has concurrent jurisdiction with labour arbitrators...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

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

Littler

Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims...

Littler on

The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

Littler on

An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

BCLP

UK HR Two-Minute Monthly: Long Covid/disability, “without prejudice”, unfair dismissal statutory cap and news roundup

BCLP on

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

King & Spalding

Partygate: Work-Place Negations, Intoxications and Investigations

King & Spalding on

Many of you will have read the Sue Gray report published last week into the investigation into alleged gatherings of Number 10 staff on UK Government premises during Covid restrictions. It makes a sobering read...more

BCLP

UK HR Two Minute Monthly: specific disclosure, voluntary redundancy/unfair dismissal, religious belief harassment and changes to...

BCLP on

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

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

Orrick, Herrington & Sutcliffe LLP

Limit Increases for Employment Tribunal Awards from 6 April 2022

The annual updates to the limits applying to certain awards made by the employment tribunals have been announced. The Employment Rights (Increase of Limits) Order 2022 (SI 2022/182) was laid before Parliament on 25 February...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

Faegre Drinker Biddle & Reath LLP

U.K. Employment Tribunal Decisions: When Employees Refuse to Attend the Workplace for Fear of COVID-19

Recent Employment Tribunal (ET) decisions have shed light on the risks that can arise for employers where employees refuse to attend the workplace because of COVID-19 concerns. We consider below how ETs have dealt with claims...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Impact of Lack of Appeal on Fairness of Redundancy Process, Dismissal for Assertion of a Statutory...

Was a Redundancy Dismissal Unfair Because of Lack of Appeal? In Gwynedd Council v (1) Barratt (2) Hughes [2021] EWCA Civ 1322, the Court of Appeal (CA) considered whether an employer’s failure to give an employee an...more

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