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Latest Employment News

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)

Employment weekly highlights—8 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—8 April 2021

Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on Route map for retained EU law—a new Court of Appeal judgment (Lipton v BA City Flyer Ltd)

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

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—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

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

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

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

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 Key developments content

Practice notes

Coronavirus (COVID-19)—safe working in an office environment

Government guidance for England is that office workers who can work from home should work from home. This does mean however that you may still have...

Produced in partnership with Melanie O'Brien of DG Legal 13th Apr

COVID-19

Practice notes

Coronavirus (COVID-19)—Legislation tracker for employment

Links to news reports providing full information on the relevant legislation are included where appropriate.Coronavirus (COVID-19)-related legislation...

13th Apr

COVID-19

Practice notes

Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the...

13th Apr

Brexit

Practice notes

Brexit and IP completion day—implications for employment lawyers

This Practice Note outlines the key general implications in relation to employment law in England arising from the UK’s withdrawal from the European...

13th Apr

Brexit

Practice notes

Coronavirus (COVID-19)—tax implications

The government has announced a number of measures in response to the coronavirus (COVID-19) crisis either that relate specifically to the UK tax...

12th Apr

COVID-19

Practice notes

Coronavirus (COVID-19)—guidance tracker for employment (non-BEIS guidance)

This Practice Note provides details of the various versions of guidance and advice that have been published by Acas, the Cabinet Office, HMRC and...

12th Apr

COVID-19

Practice notes

Self-Employment Income Support Scheme—guidance tracker

UPDATE (26/11/20): On 24 November 2020, the Treasury Direction in relation to the third SEISS grant (SEISS 3) was published, and the related HMRC...

12th Apr

COVID-19

Practice notes

Coronavirus (COVID-19)—legislation tracker

This Practice Note tracks domestic legislation introduced as part of the UK government’s response to the coronavirus (COVID-19) pandemic. It includes...

12th Apr

COVID-19

Practice notes

Coronavirus (COVID-19)—issues for employers

UPDATE (8/4/21): The DHSC announced on 5 April 2021 that from 9 April everyone in England will be able to take free rapid coronavirus tests twice a...

9th Apr

COVID-19

In-house

Practice notes

Coronavirus (COVID-19)—guidance tracker for employment (BEIS guidance)

This Practice Note provides details of the various versions of coronavirus (COVID-19)-related guidance issued by the Department for Business, Energy &...

9th Apr

COVID-19

Practice notes

Coronavirus Job Retention Scheme—guidance tracker

This Practice Note provides details of the various versions of the HMRC and DHSC guidance relating to the Coronavirus Job Retention Scheme (CJRS) that...

9th Apr

COVID-19

Practice notes

The European Union (Withdrawal) Bill and its proposed impact on employment law [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.The European Union (Withdrawal) Bill received Royal Assent on 26 June 2018,...

9th Apr

Brexit

Practice notes

Coronavirus Job Retention Scheme (revised version 1 July to 31 October 2020)

This Practice Note considers the ‘flexible furloughing’, revised version of the Coronavirus Job Retention Scheme (CJRS) that applied between 1 July...

9th Apr

COVID-19

Practice notes

Applicable law—which system of law applies to the contract or employment relationship

This Practice Note examines how to determine which system of law is applicable to a contract of employment or employment relationship, for use when...

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

Practice notes

Redundancy payments for lay-offs and short time

An employee may claim a statutory redundancy payment without being dismissed in one of two situations:•where the employee is ‘laid-off’ by the...

9th Apr

COVID-19

In-house

Practice notes

Definition of redundancy

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

COVID-19

In-house

Practice notes

EU employment rights and domestic implementing legislation

From exit day (31 January 2020), the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the...

9th Apr

Brexit

Practice notes

Dealing with stress and mental ill health in the workplace

The Health and Safety Executive (HSE) defines stress as ‘the adverse reaction people have to excessive pressures or other types of demand placed on...

9th Apr

COVID-19

Practice notes

Operation of employment tribunals during the coronavirus (COVID-19) pandemic

The coronavirus (COVID-19) pandemic has seriously disrupted the operational capabilities of the employment tribunals.This Practice Note looks at the...

9th Apr

COVID-19

Practice notes