A labour court in Brussels has issued one of the first published rulings on the question of whether Data Protection Officers are entitled to compensation if they are fired for performing their duties....more
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
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
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
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
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
In Ruiz Mattei v. Commercial Equipment Finance, Inc., the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act and the Workplace Discrimination Act are transferable to the employee’s heirs...more
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
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
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
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
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
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
As expected, in the United Kingdom there has been an increase in employees seeking to bring claims of automatic unfair dismissal where they have been dismissed for...more
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
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
Turning a blind eye – one-off act not a PCP - In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more
Timing is everything – acts pre-dating disability not discrimination - The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated...more
Gathering clouds – flawed investigation made dismissal unfair - In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more
It's no secret – protected conversation potentially admissible - The EAT decided in Harrison v Aryman Ltd that a claimant could potentially rely on a protected conversation in evidence. This was the case even though she...more
Act No. 2 of October 17, 1961 (Act 2) created a procedural process for the expeditious adjudication of employment claims in Puerto Rico. Among other ways to streamline the process, Act 2 bars the employer from filing a...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
The Court of Appeal in the United Kingdom recently held that the dismissal of a nurse for improperly proselytising at work was fair (Kuteh v Dartford and Gravesham NHS Trust)....more
The Puerto Rico Supreme Court (PRSC) recently issued an opinion in José Méndez et al v. Carso Construction, 2019 TSPR 19 (May 22, 2019), validating an arbitration clause that covers a claim under the Puerto Rico Unjust...more
Do Disciplinary Proceedings Have to Wait Until a Criminal Investigation Is Completed? In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered whether conducting disciplinary...more