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Hiring & Firing › Employment Litigation › United Kingdom

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

Littler

Understanding Employment Terminations: A Comparative Analysis of the UK and Poland

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Termination of employment contracts is a critical aspect of labor law in both the UK and Poland, ensuring that employers and employees alike are aware of their rights and obligations in the event of contract dissolution....more

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and Germany’s Approaches to Unfair Dismissal

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Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...more

Mayer Brown

Court of Appeal Hands Down Judgment in Higgs v Farmor's School Case

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The Court of Appeal handed down its highly anticipated judgment in the case of Higgs v Farmor's School. The judgment has significant implications for employers, where their employees express potentially controversial beliefs...more

Katten Muchin Rosenman LLP

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

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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

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

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

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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

Littler

Cross-Border Legal Perspectives: Comparing the UK’s and France’s Approaches to Probation and Dismissals in Early Employment

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What is changing in the UK? When an employer is considering dismissing an employee, the first question any UK employment lawyer will ask is: Does the employee have less than two years’ service? This is because UK...more

Littler

UK: Fire and rehire –where are we now and what happens next?

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The controversial practice of “firing and rehiring” – dismissing employees and offering to re-engage them on new terms and conditions, typically to push through a negative change to which the employee has refused to agree –...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

A&O Shearman

Tesco Express and implied terms put paid to firing and rehiring

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The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous...more

Hogan Lovells

Pending reorganisation relevant to whether capability dismissal justified

Hogan Lovells on

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

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

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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

Katten Muchin Rosenman LLP

New UK Government: Employment Law Reforms – What Employers Need to Know

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With a new Labour government comfortably moved into Whitehall, employers across England, Wales and Scotland should expect several employment law reforms to affect everyday business decisions in the coming months. Labour set...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

Dorsey & Whitney LLP

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

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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

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

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2024

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In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more

Littler

UK: Employee Unfairly Dismissed for Failure to Install App on Personal Phone

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A recent employment tribunal case, Alsnih v. Al Quds Al-Arabi Publishing & Advertising, ruled that a journalist was unfairly dismissed for refusing to install a work-related app on her personal phone. The app was considered...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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

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In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...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

BCLP

UK HR Two-Minute Monthly: Settlement agreements, vanishing dismissals for gross misconduct, (lack of) mitigation and general news...

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Our December update includes new case law on a very unusual take on taxing payments under settlement agreements, how difficult it can be to withdraw an appeal and stop a dismissal from vanishing, and the consequences, even if...more

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