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Step into step 3: Employer’s guide to the next stage of the government’s roadmap

The following Employment news provides comprehensive and up to date legal information on Step into step 3: Employer’s guide to the next stage of the government’s roadmap

The gender pay gap in a COVID-19 world — Are we falling back on old habits?

The following Employment news provides comprehensive and up to date legal information on The gender pay gap in a COVID-19 world — Are we falling back on old habits?

Will a digital only immigration status for EU nationals be discriminatory?

The following Employment news provides comprehensive and up to date legal information on Will a digital only immigration status for EU nationals be discriminatory?

Employment weekly highlights—13 May 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—13 May 2021

Featured Employment content

Collective agreements

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

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...

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]...

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

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

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

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

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

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

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

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

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

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

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

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

Precedents

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...

9th Nov

Precedents

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....

9th Nov

Practice notes

The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...

9th Nov

COVID-19

In-house

Practice notes

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,...

9th Nov

In-house

Practice notes

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

9th Nov

Most recent Ending employment content

Practice notes

Accelerated receipt in wrongful dismissal claims

Accelerated receipt in wrongful dismissal claimsClaimants who bring successful wrongful dismissal claims, which result in an award of compensation,...

15th May

Practice notes

Entitlement to claim unfair dismissal

Entitlement to claim unfair dismissalThe right not to be unfairly dismissed is a purely statutory right arising under section 94 of the Employment...

15th May

Practice notes

Redundancy payments—effect of death of employer or employee

Redundancy payments—effect of death of employer or employeeDeath of the employerAt common law, where an employer is a natural person (as opposed to a...

15th May

Practice notes

Wrongful dismissal and mitigation

Wrongful dismissal and mitigationAn employee who is wrongfully dismissed is under a duty to take reasonable steps to mitigate their loss: in other...

15th May

Practice notes

Interest in wrongful dismissal claims

Interest in wrongful dismissal claimsClaimants who bring successful wrongful dismissal claims, which result in an award of compensation, may receive...

15th May

Practice notes

Reason for dismissal—conduct

Reason for dismissal—conductIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...

15th May

In-house

Practice notes

Redundancy payments for lay-offs and short time

Redundancy payments for lay-offs and short timeAn employee may claim a statutory redundancy payment without being dismissed in one of two...

15th May

COVID-19

In-house

Practice notes

Reason for dismissal—redundancy

Reason for dismissal—redundancyRedundancy is a potentially fair statutory reason for dismissal.However, as with other potentially fair reasons, the...

15th May

In-house

Practice notes

Settlement agreements in employment—legal requirements

Settlement agreements in employment—legal requirementsThis Practice Note examines the legal requirements that must be met in order for a settlement...

15th May

In-house

Practice notes

Reason for dismissal—breach of enactment

Reason for dismissal—breach of enactmentOne of the potentially fair reasons for dismissal is that the employee could not continue to work in the...

15th May

Practice notes

Suitable alternative employment

Suitable alternative employmentThe question of suitable alternative employment arises when an employee who has been made redundant is offered a...

15th May

In-house

Practice notes

Reinstatement

ReinstatementCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment...

15th May

Practice notes

Constructive dismissal

Constructive dismissalDismissal of an employee by their employer will typically be at the instigation of the employer. In other words, the employer...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers 15th May

In-house

Practice notes

Contractual redundancy payments

Contractual redundancy paymentsAn employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two...

15th May

In-house

Practice notes

Distinguishing dismissal from other forms of termination

Distinguishing dismissal from other forms of terminationTermination occurs every time a contract comes to an end. As well as dismissal, termination...

15th May

COVID-19

In-house

Practice notes

Redundancy policies

Redundancy policiesThis Practice Note highlights the issues for an employer to consider in relation to a redundancy policy, such as whether to have a...

15th May

Practice notes

Responding to a resignation

Responding to a resignationIt is not inconceivable that the first indication an employer will have about potential competitive activity by an employee...

15th May

Practice notes

Waiver of notice

Waiver of noticeEmployers and employees can waive their right to be given notice when their employment relationship comes to an end.Waiving...

15th May

Practice notes

Renewal of contract, re-engagement and trial periods

Renewal of contract, re-engagement and trial periodsThe effect of a redundancy may be eliminated if an employee is re-engaged within four weeks. The...

15th May

In-house

Practice notes