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Latest Employment News

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

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....

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...

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...

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),...

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

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—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

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

Practice notes

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...

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

Unfair dismissal remedies—general

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

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 Equality content

Practice notes

Calculating pension loss in employment tribunal claims

Calculating pension loss in employment tribunal claimsPension loss will generally only arise in cases where an individual has lost their job and the...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 14th May

Practice notes

Territorial extent and scope of the Equality Act 2010

Territorial extent and scope of the Equality Act 2010Where a dispute or claim arises in respect of an employee who works wholly or partly abroad...

Produced in partnership with Edward Kemp of Littleton Chambers 13th May

Q&As

Where an employee with a service occupancy is asked to leave her accommodation within 24 hours to allow repairs to take place, with the effect of exacerbating her mental health issues, could this amount to discrimination under sections 21 and/or 26 of the Equality Act 2010, or housing discrimination? Does the Employment Tribunal or County Court have jurisdiction?

Where an employee with a service occupancy is asked to leave her accommodation within 24 hours to allow repairs to take place, with the effect of...

13th May

Practice notes

Gender pay gap reporting

Gender pay gap reportingCoronavirus (COVID-19): The enforcement of all gender pay gap reporting deadlines was suspended for the reporting year...

12th May

Q&As

If a disabled employee has, for the last four years, been unable to achieve the necessary Special Educational Needs (SEN) qualification they need for the SEN Co-ordinator role they were employed to do, partly because of prevailing circumstances (such as the coronavirus (COVID-19) pandemic), and partly because of illness caused by their disability, if the employer now wanted to dismiss them would this be lawful and reasonable, particularly in light of the employer’s duty to make reasonable adjustments?

If a disabled employee has, for the last four years, been unable to achieve the necessary Special Educational Needs (SEN) qualification they need for...

12th May

Practice notes

Equality and Human Rights Commission

Statutory frameworkThe Equality and Human Rights Commission (EHRC) is an independent non-departmental public body established under the Equality Act...

10th May

Q&As

Can a part-time worker bring a claim for less favourable treatment against a fellow worker, rather than against their employer?

A worker may bring a claim under Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regs 2000), SI 2000/1551, reg 8...

7th May

Practice notes

Prohibited conduct claims: time limits

Qualification periodsNo qualifying period of employment is needed to make a claim in relation to prohibited conduct under the Equality Act 2010. By...

5th May

Practice notes

Employment events which give rise to prohibited conduct claims

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

5th May

Practice notes

Prohibited conduct claims by non-employees

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

5th May

Practice notes

Understanding and improving gender and other pay gaps

Coronavirus (COVID-19): The enforcement of all gender pay gap reporting deadlines was suspended for the reporting year 2019–20 due to the coronavirus...

27th Apr

Practice notes

Prohibited conduct claims: injury to feelings and personal injury

Injury to feelingsDamages for injury to feelings are expressly allowed by the Equality Act 2010 (EqA 2010). Some award for injury to feelings will...

27th Apr

Precedents

ET1 grounds of claim — equality of terms: pregnancy and maternity

Nb. This precedent covers claims under the equality act 2010, from 1 october 2010 onwards[Insert in para 8.2 of claim form ET1:]1The Claimant is woman...

27th Apr

Precedents

ET3 grounds for resisting claim — religion or belief: direct or indirect discrimination, harassment

[Insert in para 6.1 of response form ET3:]1Paragraph 1 of the Grounds of Claim is admitted.2It is admitted that on or about [insert date], the...

27th Apr

Precedents

ET1 grounds of claim—direct race discrimination

[Insert in para 8.2 of claim form ET1:]1The Claimant is of [Asian] origin and the Respondent carries on the business of a motor garage at [insert...

27th Apr

Precedents

ET3 grounds for resisting claim — indirect age discrimination

[Insert in para 6.1 of response form ET3:]1It is admitted that the Respondent operates a criterion or practice whereby it expects applicants for jobs...

27th Apr

Precedents

ET1 grounds of claim—disability: discrimination (direct, indirect or arising from), harassment

[Insert in para 8.2 of claim form ET1:]1The Claimant suffers from diabetes and chronic depression, each of which conditions is a disability within the...

27th Apr

Precedents

ET1 grounds of claim—discrimination because of marriage or civil partnership

[Insert in para 8.2 of claim form ET1:]1The Claimant has been employed by the Respondent as a [insert role] from [insert date] at the Respondent's...

27th Apr

Precedents

ET3 grounds for resisting claim—direct age discrimination

[Insert in para 6.1 of response form ET3:]1[It is denied that the Respondent unlawfully discriminated against the Claimant on the ground of his age in...

27th Apr

Precedents