Employment law – what to expect in 2023
Over the last few years, other than legislation relating to the Coronavirus, there has been little development in employment law. 2023 however, we are expecting to see the biggest change to employment legislation in decades following the introduction into parliament of the Retained EU Law (Reform and Revocation) Bill. This Bill along with other Bills […]
Retained EU law Reform Bill: January 2023 Update
At the end of last year, the Retained EU Law (Reform and Revocation) Bill was introduced which, if passed, would lead to most of the UK’s retained EU laws ceasing to remain in force as of 31 December 2023. Stay up to date with all of the latest updates regarding the bill, by keeping an […]
2023 – a look into the future
With being just three weeks into the new year, many employers will unfortunately be thinking that their employment challenges remain the same as those in 2022 – stagnant wages, increased costs, recruitment challenges, employee engagement and retention, and dealing with the implications from industrial strike action. We have seen from our recent webinar – 2023 […]
Your Employment Law Reform Hub
As things stand, we expect to see many significant changes to UK employment law over the coming year, and to keep you informed and share guidance on what steps your business should take, we will be posting news updates, and subject matter articles in our Employment Law Reform hub. Background As part of leaving the […]
Can calling someone bald amount to harassment?
What is the case about? In the case of Mr A Finn v The British Bung Manufacturing Company Ltd, the employment tribunal considered whether a bald man was subjected to sex related harassment in the workplace by his line manager or whether the name calling was an insult which did not meet the threshold of […]
What makes a dismissal fair?
In this article we discuss what makes a fair dismissal. We look at the 5 potentially fair reasons for dismissal, the importance of policies and procedures, consistent treatment, and what is meant by the phrase “band of reasonable responses”. The legal test The Employment Rights Act 1996, section 98 (4) (ERA) sets out the statutory […]
Disciplinary Hearings: How to write legally compliant conduct allegations
The importance of careful and correctly worded allegations should not be underestimated. An invitation to a disciplinary hearing should set out exactly what the employee is being brought into the hearing to discuss and it must also be precisely the same reason that is given for any warning or dismissal that may be required. This […]
Deadline Announced for Care Workers to be Vaccinated
From 11 November 2021, all care home workers will be required to be fully vaccinated against Covid-19, unless they are exempt under the regulations. The new guidance covers anyone entering to undertake care work. Workers must have received the full course of the vaccination. The vaccine offers the best protection against the virus for staff […]
Interesting Employment Tribunal Cases 2020 and UK Employment Law After Brexit
In this article with accompanying webinar recording, we look back over some of 2020’s key interesting employment tribunal cases, as well as consider how UK employment will be impacted by Brexit. UK Employment Law 2021 and Beyond How leaving the EU impacts UK legislation When the UK was a member of the European Union (EU), […]
Employment Tribunal 2020 Case Ruling – Employment Status
Employment Status – Referees Are part-time football referees employees, whose match fees and other payments are subject to PAYE, or independent contractors? In the case HMRC vs Professional Game Match Officials Limited, referees were engaged by Professional Game Match Officials Limited (PGMOL) to officiate at matches primarily in Leagues 1 and 2, but also the […]
Employment Tribunal 2020 Case Ruling – Exceptional Fair Dismissal
M Gallacher vs Abellio Scotrail Ltd – An exceptional fair dismissal A fair dismissal requires a proper procedure to be followed, and the decision to dismiss to fall within the band of reasonable responses. However, in the employment tribunal case Gallacher vs Abellio Scotrail Ltd, an exception was made given the very unusual and rare […]
Employment Tribunal 2020 Case Ruling – Working Time Regulations – Travel Time
Working Time Regulations – Travel Time A group of home care providers were ordered to pay more than £100,000 in backdated earnings, equating to around £10,000 per employee, which was the equivalent of 9 months full time work at the national minimum wage and holiday pay rates because of a tribunal claim which challenged what […]
Employment Tribunal 2020 Case Ruling – Redundancy Consultation
Redundancy Consultation Deciding the threshold for when collective consultation is triggered: Case UQ v Marclean Technologies SLU looks at when the threshold exists for when collective redundancy consultation is triggered. In this case, UQ was dismissed on the grounds of redundancy, however the company then made a further 36 redundancies afterwards, leading UQ to argue […]
Employment Tribunal 2020 Case Ruling – Marital Status Discrimination
Marital Status Discrimination Bacon v Advanced Fire Solutions Ltd and Ellis: Less favourable treatment after announcing divorce was marital status discrimination Mrs Bacon’s husband joined the organisation after Mrs Bacon, but both went on to take up Director roles. In 2017, Mrs Bacon informed Mr Bacon of her wish to separate however wanted to continue […]
Employment Tribunal 2020 Case Ruling – Unfair Dismissal
Unfair Dismissal Chemcem Scotland Ltd v Ure: Unfair Dismissal? This is a case looking at whether an employee’s failure to return to work after maternity leave was a constructive unfair dismissal following repudiatory acts. In constructive dismissal claims, a contract is not automatically terminated by an employer’s repudiatory breach. For the contract to be terminated […]
Employment Tribunal 2020 Case Ruling – Religious belief discrimination
Religious Belief Discrimination Mrs. K Higgs vs Farmor’s School: Employer successfully defends Religious Belief Discrimination claim Mrs. K Higgs, employed in a school, was dismissed for having posted on her private Facebook account, her own views criticizing the teaching of LGBT relationships in primary schools. The school had been made aware of her posts by […]
Employment Tribunal 2020 Case Ruling – Pregnancy Discrimination
Pregnancy Discrimination Ms K Wright vs Coupland Cavendish Ltd Ms K Wright was employed as an administrator and was dismissed after one week of employment because she suffered from pregnancy related hyperemesis, causing nausea, and vomiting. This led to her having two separate days off sick. The reason for the dismissal given by Coupland Cavendish […]
Employment Tribunal 2020 Case Ruling – Disability Discrimination – Record £4.7m to bank worker bullied over disability
Disability Discrimination Record £4.7m to bank worker bullied over disability In Royal Bank of Scotland plc v AB a bank worker has been successful in bringing a disability discrimination claim by being awarded more than £4.7 million after being made to feel “worthless” and “unsupported” by her colleagues and subjected to bullying throughout her 6 […]
Employment Tribunal 2020 Case Ruling – Disability Discrimination – Unfair Dismissal and Disability
Unfair Dismissal and Disability Miss S J Austin vs The Leeds Teaching Hospital NHS Trust A hospital secretary has been found to have been unfairly dismissed and discriminated against on the grounds of disability for repeatedly checking her own medical record. The tribunal found that the Hospital Trust did not take account of the fact […]
Case Law Update: Collective Redundancy Consultation
Deciding the Threshold for When Collective Consultation is Triggered This case law update provides a digestible account of a recent Employment Tribunal outcome. We take a look at the background details on the case, the rationale behind the judgements and takeaway learning points. Case UQ v Marclean Technologies SLU looks at when the threshold exists for when […]