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Latest Employment News

Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

The following Employment news provides comprehensive and up to date legal information on Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

Employment weekly highlights—29 July 2021

Employment weekly highlights—29 July 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—29 July 2021

Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The following Employment news provides comprehensive and up to date legal information on Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The tax implications of hybrid working arrangements

The tax implications of hybrid working arrangements

The following Employment news provides comprehensive and up to date legal information on The tax implications of hybrid working arrangements

Featured Employment content

Direct discrimination

Direct discrimination

Direct discriminationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

Guarantee payments

Guarantee payments

Guarantee paymentsThis Practice Note explains the right to a guarantee payment, which provides limited pay protection for certain employees who are...

Contractual redundancy payments

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...

Protective awards

Protective awards

Protective awardsThis Practice Note examines claims for protective awards following an employer’s failure to carry out collective redundancy...

Practice notes

Place of work and mobility clauses

Place of work and mobility clausesThe written statement of particulars of employment issued to a worker to comply with section 1 of the Employment...
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19th May
Practice notes

Unfair dismissal remedies—general

Unfair dismissal remedies—generalCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020...
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19th May
Practice notes

The basic award

The basic awardIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following...
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19th May
Practice notes

Discrimination arising from disability

Discrimination arising from disabilityThis Practice Note covers an Equality Act 2010 provision which had no equivalent under the law which applied...
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19th May
Practice notes

Employment tribunal case management

Employment tribunal case managementCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...
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19th May
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...
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19th May
Practice notes

Equality of terms: definition of 'pay'

Equality of terms: definition of 'pay'IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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19th May
Practice notes

Sunday working

Sunday workingFORTHCOMING CHANGE: Certain aspects of the protections afforded under the ERA 1996 to shop and betting workers are to be strengthened by...
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19th May
Q&As

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer calculate holiday entitlement, and how should the employer treat bank holidays if they fall on a day when the ‘compressed hours’ employee does not usually work?

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer...
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19th May
Practice notes

Redundancy—fair procedure: individual consultation

Redundancy—fair procedure: individual consultationWhere there is no statutory obligation to consult with any existing employee representatives (see...
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19th May
tag iconIn-house
Practice notes

Types of whistleblowing claim

Types of whistleblowing claimIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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19th May
Practice notes

Continuity of employment

Continuity of employmentUPDATE: In its ‘Good Work Plan’ published in December 2018, the government has indicated that it will legislate to extend the...
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19th May
tag iconIn-house
Practice notes

Definition of dismissal in unfair dismissal

Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...
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19th May
tag iconIn-house
Practice notes

Effective date of termination

Effective date of terminationWhere a qualifying period of employment is required to bring an unfair dismissal claim (see Practice Note: Entitlement to...
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19th May
Practice notes

The duty of fidelity and fiduciary duties

The duty of fidelity and fiduciary dutiesAll employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty...
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19th May
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...
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19th May

Most recent Employment tribunal equality claims content

Practice notes

Employment tribunal discrimination awards database

Employment tribunal discrimination awards databaseThis Practice Note contains links to the Harvey Quantum awards and recommendations database on...
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2nd Aug
Q&As

Does the limitation period for a claim that a dismissal amounts to direct discrimination run from decision to dismiss or the effective date of termination?

Does the limitation period for a claim that a dismissal amounts to direct discrimination run from decision to dismiss or the effective date of...
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1st Aug
Q&As

Does the Education (Modification of Enactments Relating to Employment) (England) Order 2003, SI 2003/1964, Art 6 apply in respect of claims under the Equality Act 2010?

Does the Education (Modification of Enactments Relating to Employment) (England) Order 2003, SI 2003/1964, Art 6 apply in respect of claims under the...
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1st Aug
Q&As

When it comes to the time limits for bringing a discrimination claim in the County Court under section 114 of the Equality Act 2010 (EqA 2010) (for contravention of non-work provisions of EqA 2010), and the court’s discretion to extend time on ‘just and equitable’ grounds, in what circumstances would it be considered ‘just and equitable’ to extend time?

When it comes to the time limits for bringing a discrimination claim in the County Court under section 114 of the Equality Act 2010 (EqA 2010) (for...
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1st Aug
Q&As

Can an employee bring claims for whistleblowing detriment and victimisation in the employment tribunal against a co-worker, without also bringing a claim against their employer?

Can an employee bring claims for whistleblowing detriment and victimisation in the employment tribunal against a co-worker, without also bringing a...
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1st Aug
Q&As

In relation to a claim involving a dismissal by reason of pregnancy, how would compensation be calculated?

In relation to a claim involving a dismissal by reason of pregnancy, how would compensation be calculated?When it comes to calculating compensation...
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1st Aug
Q&As

What is the effect of the issuing of an Acas early conciliation certificate (a) on the limitation period for a claim, and (b) on the qualifying period for an equality of terms (equal pay) claim?

What is the effect of the issuing of an Acas early conciliation certificate (a) on the limitation period for a claim, and (b) on the qualifying period...
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1st Aug
Q&As

What are the remedies available to a claimant in a disability discrimination claim? Can they, for example, claim financial loss and unfair dismissal?

What are the remedies available to a claimant in a disability discrimination claim? Can they, for example, claim financial loss and unfair...
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Produced in partnership with Katya Hosking of Devereux Chambers 31st Jul
Q&As

What is a disability impact statement in relation to an employment tribunal claim?

What is a disability impact statement in relation to an employment tribunal claim?The order for a claimant to produce a disability impact statement...
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Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul
Q&As

Does diplomatic immunity override UK employment statutory rights?

Does diplomatic immunity override UK employment statutory rights?The legal framework of diplomatic immunity is found in section 2 of the Diplomatic...
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31st Jul
Q&As

Where a work colleague makes discriminatory comments to an employee, can they claim constructive dismissal if the employer fails to discipline the colleague?

Where a work colleague makes discriminatory comments to an employee, can they claim constructive dismissal if the employer fails to discipline the...
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31st Jul
Practice notes

Equality and Human Rights Commission

Equality and Human Rights CommissionStatutory frameworkThe Equality and Human Rights Commission (EHRC) is an independent non-departmental public body...
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31st Jul
Practice notes

Judicial College Guidelines (JC Guidelines)

Judicial College Guidelines (JC Guidelines)

The Judicial

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31st Jul
Q&As

Is it possible for a settlement agreement, entered into on termination of employment, to include a provision preventing the employee from being re-employed by the same employer?

Is it possible for a settlement agreement, entered into on termination of employment, to include a provision preventing the employee from being...
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31st Jul
Q&As

Following a successful equality of terms (equal pay) claim by an employee who has left that employment, will the compensation awarded be gross or net, and will HMRC seek to recover income tax and National Insurance Contributions (NICs) from the claimant?

Following a successful equality of terms (equal pay) claim by an employee who has left that employment, will the compensation awarded be gross or net,...
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31st Jul
Practice notes

Evidence in disability discrimination claims

Evidence in disability discrimination claimsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...
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31st Jul
Precedents

ET3 grounds for resisting claim—direct race discrimination

ET3 grounds for resisting claim—direct race discrimination[Insert in para 6.1 of response form ET3:]1It is denied that the Respondent unlawfully...
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31st Jul
Precedents

ET1 grounds of claim—failure to make reasonable adjustments

ET1 grounds of claim—failure to make reasonable adjustments[Insert in para 8.2 of claim form ET1:]1The Claimant suffers from diabetes, chronic...
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31st Jul
Precedents

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

ET3 grounds for resisting claim — religion or belief: direct or indirect discrimination, harassment[Insert in para 6.1 of response form...
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31st Jul
Precedents

ET1 grounds of unfair dismissal claim—pregnancy-related dismissal

ET1 grounds of unfair dismissal claim—pregnancy-related dismissal[Insert in para 8.2 of claim form ET1:]1[[Example 1:] The Claimant was employed by...
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31st Jul

Popular documents

Convention rights—structure of qualified rights

Convention rights—structure of qualified rights

Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a

Directors’ remuneration

Directors’ remuneration

Directors’ remunerationCompany directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for

Parliamentary committees

Parliamentary committees

Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to