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Latest Employment News

Normal Minimum Pension Age Consultation—issues for pension scheme trustees to consider

The following Employment news provides comprehensive and up to date legal information on Normal Minimum Pension Age Consultation—issues for pension scheme trustees to consider

Welcome to the hotel quarantine—key considerations for employers

The following Employment news provides comprehensive and up to date legal information on Welcome to the hotel quarantine—key considerations for employers

Employment weekly highlights—25 February 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—25 February 2021

Company car fuel: revised advisory rates to take effect from 1 March 2021

The following Employment news provides comprehensive and up to date legal information on Company car fuel: revised advisory rates to take effect from 1 March 2021

Featured Employment content

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...

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,...

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),...

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...

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

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—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

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

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

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

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

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...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

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

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 Equality content

Practice notes

Disability

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

21st Jan

In-house

Practice notes

Equality of terms claims—jurisdiction, remedies and interest

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

18th Jan

Practice notes

Equality of terms: defences and exceptions

This Practice Note examines the defences available to an employer in relation to an equality of terms (equal pay) claim and the exceptions that...

18th Jan

Practice notes

Prohibited conduct claims: assessing compensation

This Practice Note examines the assessment of damages in a prohibited conduct claim (discrimination claim) under the Equality Act 2010.Possible types...

18th Jan

Practice notes

Burden of proof in equality claims

This Practice Note considers the two-stage statutory burden of proof test which applies to all prohibited conduct (ie discrimination) and equality of...

18th Jan

Practice notes

Duty to make reasonable adjustments

Nature of the dutyThe duty to make reasonable adjustments (referred to below simply as 'the duty') comprises three requirements.The element that is...

18th Jan

COVID-19

In-house

Practice notes

Equal pay audits

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

18th Jan

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...

18th Jan

Practice notes

Equality of terms: pregnancy and maternity

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

18th Jan

Practice notes

Religion or belief

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

17th Jan

Practice notes

Equality of terms claims: tribunal procedure

Similarities and differencesThe procedure for equality of terms claims, as all other tribunal claims, is governed by the Employment Tribunals...

17th Jan

Practice notes

Prohibited conduct claims: general financial loss

Tortious measure of lossThe proper measure of an award for financial loss in a prohibited conduct claim under the Equality Act 2010 is the same sum...

17th Jan

Practice notes

Equality of terms: equal work and comparators

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

17th Jan

Practice notes

Marriage and civil partnership

Protected characteristicsThe Equality Act 2010 provides protection against discrimination which relates to certain listed characteristics which people...

17th Jan

Practice notes

Occupational pension schemes, personal pension contributions: equality protections and exceptions

This Practice Note examines:•the non-discrimination rule in section 61 of the Equality Act 2010 (EqA 2010) relating to occupational pension...

17th Jan

Practice notes

Prohibited conduct claims: declarations and recommendations

This Practice Note examines the use of declarations and recommendations by an employment tribunal as remedies in a prohibited conduct (discrimination)...

17th Jan

Practice notes

Religion or belief, sex: teachers, school staff and other educational appointments

This Practice Note considers the interaction of provisions of the Equality Act 2010 (EqA 2010) with the provisions of the School Standards and...

17th Jan

Practice notes

Age discrimination and employee share schemes

The purpose of this Practice Note is to explain the key age discrimination issues that can arise in relation to the design and operation of various...

Produced in partnership with Sam Whitaker of Shearman & Sterling 15th Jan

Practice notes

Prohibited conduct claims: remedies overview

This Practice Note outlines the remedies available when bringing a prohibited conduct claim (discrimination claim) under the Equality Act 2010 (EqA...

15th Jan

Practice notes