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Latest Employment News

Comment—EU enforcement of Schrems II ruling sparks concerns of ‘de facto’ data localisation

The following Commercial news provides comprehensive and up to date legal information on Comment—EU enforcement of Schrems II ruling sparks concerns of ‘de facto’ data localisation

Employment weekly highlights—15 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—15 April 2021

Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)

The following Employment news provides comprehensive and up to date legal information on Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)

Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

The following Employment news provides comprehensive and up to date legal information on Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

Featured Employment content

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Precedents

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Most recent Status and worker categories content

Practice notes

Worker status

FORTHCOMING CHANGE: The right not to be subjected to detriment on grounds relating to health and safety under sections 44(1)(d) and (e) Employment...

15th Apr

In-house

Practice notes

Apprenticeships

Coronavirus (COVID-19): The Department for Education (DfE) and the Education and Skills Funding Agency (ESFA) have published guidance on providing...

12th Apr

In-house

Precedents

Consultancy agreement—company and individual—pro-client

This Agreement is made on [insert date]Parties1[Name of Company], a company incorporated in England and Wales with registered number [insert company...

9th Apr

In-house

Q&As

Where an employee has been medically suspended from work, how does an employer calculate their rate of pay if they are working on a zero hours contract, and for how long would the suspension last?

An employer may suspend an employee from work on medical grounds in certain circumstances. Such suspensions must be in consequence of a requirement...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Apr

Practice notes

Rights under the Agency Workers Regulations 2010

Coronavirus (COVID-19): The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045, in force (in...

9th Apr

In-house

Precedents

Agreement—terms of engagement for temporary agency worker

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

In-house

Precedents

ET3 grounds for resisting claim—Agency Workers Regulations 2010: breach of pay between assignments contract (Swedish derogation) (to 5 April 2020)

[Insert in para 6.1 of claim form ET3:]1It is admitted that the Claimant works as a legal secretary and it is admitted that the Respondent is a...

9th Apr

Precedents

Written statement—revocation of Swedish derogation (agency worker)

From: [insert name] [of OR whose registered office is at] [insert address], [company registration number] (we or us)To: [insert name] of [insert...

9th Apr

Precedents

ET1 grounds of claim—Agency Workers Regulations 2010: breach of pay between assignments contract (Swedish derogation) (to 5 April 2020)

[Insert in para 8.2 of claim form ET1:]1The Claimant works as a legal secretary. She has a permanent contract of employment with the Respondent, a...

9th Apr

Precedents

Terms and conditions for supply of temporary staff by an employment business

STOP PRESS: From 6 April 2021, the IR35 regime applicable to off-payroll working, which has applied since 2017 to public sector entities, is extended...

9th Apr

In-house

Practice notes

Employing children and young persons

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Posted workers—employment rights

This Practice Note examines the Posted Workers Directive, 96/71/EC (PWD) in the context of cross-border, international and jurisdictional issues. The...

Produced in partnership with Edward Kemp of Littleton Chambers 9th Apr

Practice notes

Agency worker status

Coronavirus (COVID-19): The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045, in force (in...

9th Apr

In-house

Practice notes

Volunteers

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Part-time workers

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Military reservists

This Practice Notes examines the special status of individuals who are members of the reserve forces, and the rights and obligations that employers...

9th Apr

COVID-19

Practice notes

Employee shareholder status

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Office-holders

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

SM&CR—one minute guide

The Senior Managers Regime and Certification Regime—what is it?The Senior Managers, Certification Regime (SM&CR) and Conduct Rules for individuals in...

8th Apr

Practice notes

Fixed-term employees

An employee engaged on a fixed-term contract of employment has various rights and protections that derive from the Fixed-term Work Framework Directive...

8th Apr

In-house