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
This morning Labour launched its election Manifesto which, by implementing its “Plan To Make Work Pay” published last month, includes major employment law reform. The Plan, now supported by today’s Manifesto, is clear that...more
As employees return from the holiday season and businesses reopen, employers and HR leaders should be mindful of key employment developments in 2024 that may affect their workforce. 2024 will see a number of legislative...more
Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more
Split the difference - CJEU decision on fragmentation applies to service provision changes - When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...more
Disability Discrimination: Was the Discrimination ‘Because Of’ Disability or ‘But For’ Disability? In Robinson v Department for Work and Pensions [2020] EWCA Civ 859, the Court of Appeal provided helpful guidance on the...more
In this episode of The Proskauer Brief, New York partner Howard Robbins and London partner Dan Ornstein discuss how U.K. laws affect U.S. employers. As if dealing with U.S. employment laws are not difficult enough,...more
Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more
TUPE: Pre-Transfer Dismissal Was Automatically Unfair - In Hare Wines Ltd v Kaur [2019] EWCA Civ 216, the U.K.’s Court of Appeal considered whether the dismissal of an employee immediately before a transfer under the...more
No objection – TUPE was principal reason for dismissal - In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more
Court of Appeal: Disability Discrimination & Reasonable Adjustments - In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more
In this weeks issue: - White lies – incorrect reason for dismissal breach of trust and confidence... - Substance not form – TUPE transfer followed share sale... - Did you see that? CCTV recordings and disciplinary...more
Don't ask, don't get – data subject access requests and litigation - The Court of Appeal has provided further guidance on responding to data subject access requests made in the context of litigation – in this case...more
UK employment law is constantly developing and it has been challenging for employers to keep up with the changes in recent years. All employers in the UK, no matter how big or small, are required to comply with these laws or...more
In the case of Anderson v Chesterfield High School [2015] UKEAT/0206/14/MC, the Employment Appeal Tribunal (EAT) considered the fairness of the dismissal of a Mayor from his salaried role at a school because of his...more
In Allen & ors v Morrisons Facilities Services Limited [2013] UKEAT 0298, the Employment Appeal Tribunal (EAT) considered whether employees transferring under TUPE could bring a claim against their new employer, where the new...more
The Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") is in the spotlight as part of the UK Government's Employment Law Review. Launched in 2011, the purpose of the review is to reform employment...more
In a previous post, TUPE: Service Provision Change, we discussed that the UK Government had issued a Call for Evidence to review the current Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE 2006")...more