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Latest Employment News

Spring Budget 2021—Tax analysis of employment measures

The following Employment news provides comprehensive and up to date legal information on Spring Budget 2021—Tax analysis of employment measures

Workers not able to displace a recognised independent union (R (on appln of IWGB) v SoS for BEIS)

The following Employment news provides comprehensive and up to date legal information on Workers not able to displace a recognised independent union (R (on appln of IWGB) v SoS for BEIS)

Employment weekly highlights—4 March 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—4 March 2021

Intermediaries legislation—IR35 (HMRC v Atholl House Productions Ltd)

The following Employment news provides comprehensive and up to date legal information on Intermediaries legislation—IR35 (HMRC v Atholl House Productions 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...

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...

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...

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...

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

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—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

Practice notes

Collective agreements

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

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

Precedents

Policy and procedure—stress and mental health

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

15th Jan

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...

14th Jan

COVID-19

Precedents

Policy and procedure—sickness and attendance (short form)

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

14th Jan

COVID-19

Precedents

Policy and procedure—sickness and attendance

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

14th Jan

COVID-19

Precedents

Policy—temporary homeworking arrangements

1Introduction1.1This policy sets out the Company’s homeworking arrangements implemented on a temporary basis in response to government recommendations...

12th Jan

COVID-19

Q&As

To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not bound, in what circumstances may they still have regard to it?

This Q&A is intended as a guide to the functioning of retained EU law, rather than the specifics of Regulation (EU) 1215/2012 (Brussels I (recast))...

11th Jan

Q&As

What are the key features of a Brexit SI?

As part of the UK’s domestic preparation for Brexit, the government is introducing a range of primary and secondary legislation, including a...

11th Jan

Brexit

Q&As

What is retained EU law?

Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law after Brexit. It is a...

Produced in partnership with Mathias Cheung of Atkin Chambers 11th Jan

Brexit

Practice notes

Conducting a health and safety risk assessment

Having in place a well-thought-out and accessible structure on health and safety could help enable an organisation to ensure that it is managed...

Produced in partnership with Melanie O'Brien of DG Legal 8th Jan

COVID-19

Q&As

Would it be potentially fair for an employer to dismiss a care home employee if the reason for the dismissal was because the employee refused to be vaccinated against coronavirus (COVID-19)?

The issue of vaccinating staff, who work with vulnerable people, against coronavirus (COVID-19), is particularly relevant following the approval of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Are workers eligible for the Coronavirus Job Retention Scheme?

The rules of the Coronavirus Job Retention Scheme (CJRS) are set out in Treasury Direction No 1 and Treasury Direction No 2, which are supplemented by...

Produced in partnership with Clare Taylor of BDBF LLP 8th Jan

COVID-19

Practice notes

Formulating a health and safety plan

Having in place a well thought-out and accessible structure on health and safety could help enable an organisation to ensure it is managed effectively...

Produced in partnership with Melanie O'Brien of DG Legal 8th Jan

COVID-19

Q&As

What does Brexit mean for the Human Rights Act 1998?

Impact of BrexitBrexit will have no automatic impact on the Human Rights Act 1998 (HRA 1998), or the incorporation of the European Convention on Human...

Produced in partnership with Alison Meacher of Hardwicke Chambers 8th Jan

Brexit

Practice notes

What does IP completion day mean for Immigration?

11 pm (GMT) on 31 December 2020 marks the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and...

5th Jan

Practice notes

Brexit materials—background to the post-Brexit immigration system

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

15th Dec

Brexit

Q&As

After the end of the transition period, when EU nationals will be required to have settled or pre-settled status to have the right to work in UK, will employers be required to check the right to work as part of their ongoing obligations, or are there any specific obligations on employers in relation to employees successfully applying under the EU Settlement Scheme?

Practice Note: Brexit materials—right to work checks looks at the current position as regards employing EEA nationals during and after the end of the...

9th Dec

Q&As

Regarding the ‘reasonable excuse’ for not wearing a face covering under the Health Protection (Coronavirus, Wearing of Face Covering in a Relevant Place) (England) Regulations 2020, SI 2020/791, reg 4 in relation to employees required to wear a face covering due to working in premises listed in SI 2020/791, Sch 3, do the physical, mental or disability provisions apply? What is the position in relation to the stated requirement in the close contact services guidance for those working in close proximity for extended periods that they ‘must wear a visor/googles and type II face mask’?

This response deals with the position before the introduction of the new national restrictions from 5 November.The Health Protection (Coronavirus,...

7th Dec

Precedents

Policy—lone working

1Introduction1.1Both individual staff members who work alone and their managers have a duty to assess and reduce the risks lone working presents. This...

7th Dec

COVID-19

Q&As

Is Brexit considered a force majeure event?

The change to the economic and commercial environments within both the UK and the EU as a result of Brexit may impact on the underlying commercial...

6th Dec

Brexit

Precedents

Policy—harassment and bullying (short form)

1[Policy statement OR [Insert name of employer]'s policy]on bullying and harassment1.1[Insert name of employer] is committed to ensuring that all its...

5th Dec

COVID-19