News & Analysis as of

Wage and Hour Employment Litigation United Kingdom

Littler

UK Tribunal Decision Opens Door to Expansion of Employer Liability for Deductions from Wages Claims

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A recent Tribunal decision in Afshar and others v. Addison Lee Ltd found that the two-year backstop on deductions from wages claims, which has been in force for nearly a decade, was void and the Claimants in that case could...more

Morgan Lewis

UK Employment Law 2024 Year in Review and a Look Forward to 2025 Webinar: Key Takeaways

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The UK Employment Rights Bill introduces expanded worker protections, including stronger day-one rights and stricter requirements for preventing workplace harassment. Employers will also need to navigate upcoming national...more

BCLP

Unlawful Deductions Backstop, Religious Belief Dismissals, Plus a News Round-up: UK HR Two Minute Monthly - February 2025

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Our employment law update for February sees new cases on the two-year backstop on compensation in unlawful deductions cases and a Court of Appeal decision on religious belief discrimination relating to social media posts. We...more

A&O Shearman

One step closer to victory for Asda workers in Equal Pay action

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Some women Asda workers have succeeded in the latest stage of a long-winded battle over equal pay. Back in 2019, claimants in the group action satisfied the courts that their Asda store-based roles were ‘comparable’ to the...more

Mayer Brown

Recent Decision May Open the Door for UK Holiday Pay Claims Going Back More Than Two Years

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An interesting employment tribunal decision has been handed down in the case of Afshar and others v Addison Lee: https://shorturl.at/Svqn3. In finding that the Addison Lee drivers were workers and not self-employed, the...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

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

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

Katten Muchin Rosenman LLP

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

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

Hogan Lovells

Employment in the news | June 2024

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Alongside the constant stream of election related news, there were two EAT decisions in June, dealing with “pool of one” redundancies and ill-health dismissals, which will be of interest. In future, there will be further...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – May 2024

Key developments in UK employment law in May included an Employment Appeal Tribunal finding that a volunteer can be a worker if they are entitled to be remunerated. The Employment Appeal Tribunal also held that a trivial...more

BCLP

UK HR Two Minute Monthly: February 2024 - Can a Job Applicant Bring a Whistleblowing Claim, Who Pays Up When a Claimant Wins at...

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Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2024

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

BCLP

UK HR Two Minute Monthly: January 2024

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Our January update includes a new Court of Session case giving (a degree of) certainty on settlement agreements prohibiting future unknown claims and a new case on constructive dismissal focusing on the rules around delaying...more

Hogan Lovells

Employment in the news | January 2024

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In the run-up to Christmas, the government confirmed how carer’s leave and new protection against redundancy for pregnant employees and new parents will work. It announced changes to paternity leave in January and said that...more

Littler

Agnew: A New Headache for UK Employers?

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The Supreme Court of the United Kingdom has recently decided the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others, a Northern Irish case that has been working its way through...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

Vedder Price

UK Supreme Court Ruling:  A Look at the Changes to a Series of Unlawful Deductions

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The Supreme Court has released its decision in the case of Chief Constable of the Police Service of Northern Ireland v Agnew. The Court decided that, with respect to a series of unlawful deductions, a gap of more than three...more

BCLP

New Development in Relation to Underpayment of Holiday Pay

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There has been much case law in relation to the underpayment of holiday pay in the context of overtime and commission. That case law has reinforced the position that although claims must be issued within 3 months of an...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights - UK Employment Law - January 2023

In our first UK Employment Law update of 2023, our team highlight key takeaways from the Employment Appeal Tribunal's (the "EAT") determination in the Ellis v Bacon marital status discrimination case and explore the scope of...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights - UK Employment Law - December 2022

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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights - UK Employment Law - November 2022

In November's UK Employment Law update, our team examine the EAT’s determination that a settlement agreement cannot waive an employee’s right to future claims for discrimination, highlight the impact of the Retained EU Law...more

Littler

UK: Harpur Trust v Brazel and Holiday Pay

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The Supreme Court of the United Kingdom has published its long-anticipated decision in Harpur Trust v Brazel confirming that paid holiday for part-year employees/workers on permanent contracts must not be pro-rated....more

Hogan Lovells

Disproportionate - term time worker's holiday not pro-rated

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The UK’s Supreme Court has confirmed that “part year” workers are entitled to 5.6 weeks’ holiday. Their holiday entitlement should not be pro-rated to reflect their actual hours of work, even though this means that they get...more

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