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Hiring & Firing › Employer Liability Issues › UK Employment Appeal Tribunal

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

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Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – December 2024

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In the final instalment of 2024, our team summarises the latest UK case law and developments in employment law – and their implications for employers. 1. Failure to follow the Fire and Rehire Code of Practice may lead to a...more

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

Pending reorganisation relevant to whether capability dismissal justified

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In Cairns v The Royal Mail Group Ltd, the UK EAT held that the possibility of delaying a disabled employee’s dismissal pending a reorganisation was relevant to whether his dismissal was justified. Although the employee was...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – July 2024

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Here is a look at recent developments in UK employment law: The Labour Party has proposed key changes to UK employment laws. The Employment Appeal Tribunal considered whether an employer was justified in printing documents...more

BCLP

UK HR Two-Minute Monthly: May 2024

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Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

UK HR Two-Minute Monthly: April 2024

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Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – February 2024

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In this month’s instalment, our team discuss the government’s response to the consultation on the draft statutory Code of Practice on Dismissal and Re-engagement and the Employment Tribunal’s findings that an employer was...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 – September 2023

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This month we explore a recent Employment Appeal Tribunal case relating to the termination of employment by mutual agreement despite the employee receiving a dismissal letter. We also explore a recent Employment Tribunal case...more

Faegre Drinker Biddle & Reath LLP

UK Employment Law Update: Family Acts, UK Government Legislative Proposals and Recent Case Developments

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At a Glance - The UK government has passed three family-related Acts that employers should be aware of: the Neonatal Care Act; the Protection from Redundancy Act; and the Carer’s Leave Act....more

BCLP

UK HR two-minute monthly: April 2023

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Our April update includes cases on religious belief discrimination in the education sector, with a school chaplain preaching to pupils his views on same-sex marriage, a case considering whether the potentially disruptive...more

BCLP

UK HR Two-Minute Monthly: March 2023

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Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights - UK Employment Law - December 2022

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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

Hogan Lovells

UK EAT finds impact on other staff meant proposed adjustment for disabled employee not reasonable

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In Hilaire v Luton Borough Council, the UK EAT found that it was not a reasonable adjustment simply to slot a disabled employee into a new organisational structure as part of a redundancy exercise. Although this would have...more

Littler

UK Employment Appeals Tribunal Upholds Dismissal of Employee who Refused to Work for COVID-related Safety Reasons

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In Rodgers v. Leeds Laser Cutting Ltd, the Employment Appeal Tribunal (EAT) upheld a decision that dismissal of an employee who refused to work due to COVID-19 safety concerns was not unfair....more

Hogan Lovells

Try it out - ill health dismissal discrimination when alternative role not properly trialled

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Dismissing an employee for long term sickness absence could be discrimination arising from a disability if an employer cannot show that the dismissal is objectively justified. The recent UK EAT decision in Department for Work...more

BCLP

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

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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

Faegre Drinker Biddle & Reath LLP

Employment Law Update: Employer Restrained from ‘Firing and Rehiring’, Dismissal for Raising Frivolous Grievances, and Employment...

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Tesco Restrained From ‘Firing and Rehiring’ Employees In USDAW and ors v Tesco Stores Ltd [2022] EWHC 201 (QB), the High Court (HC) granted an injunction to restrain U.K. supermarket giant, Tesco, from ‘firing and rehiring’...more

Hogan Lovells

Don't delay - employee did not agree to extend flexible working timetable

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In Walsh v Network Rail Infrastructure Ltd the UK EAT found that an employee had not agreed to an extension to the normal three month time frame for deciding flexible working requests when he agreed to attend an appeal...more

BCLP

UK HR Two Minute Monthly - November 2021

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Our November update considers key employment law developments from October 2021. It includes recent cases on age discrimination, anonymity in the employment tribunal and automatic unfair dismissal on health and safety grounds...more

Hogan Lovells

Refusing to let employee appeal redundancy dismissal not inevitably unfair

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In Gwynedd Council v Barratt the UK Court of Appeal confirmed that a redundancy dismissal will not be unfair solely because an employer has not offered an employee a right to appeal. However, failing to offer an appeal...more

Hogan Lovells

After the event - medical evidence obtained after an ill-health dismissal not relevant to fairness

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Managing an employee who has persistent short or medium term ill-health absence is difficult for an employer. Dismissing an employee whose attendance is unlikely to improve may be fair, but this will often depend on medical...more

Hogan Lovells

Who knew? Women less likely to be able to accommodate certain working patterns

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An employee will succeed with an indirect sex discrimination claim if she can show that her employer applied a provision, criterion or practice (PCP) that put women (including the employee) at a disadvantage when compared...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine

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In the case of Duchy Farm Kennels v. Steels, the High Court considered whether a term of confidentiality in a COT3 settlement agreement was a condition of the agreement, in which case a former employee’s breach of that term...more

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