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Latest Employment News

Hearings to decide interim relief applications are public hearings (Queensgate Investments LLP and others v Millet)

Hearings to decide interim relief applications are public hearings (Queensgate Investments LLP and others v Millet)

The following Employment news provides comprehensive and up to date legal information on Hearings to decide interim relief applications are public hearings (Queensgate Investments LLP and others v Millet)

Exploring the government’s response to the insolvency and corporate governance consultation

Exploring the government’s response to the insolvency and corporate governance consultation

The following Banking & Finance news provides comprehensive and up to date legal information on Exploring the government’s response to the insolvency and corporate governance consultation

Government to proceed with measures to enhance TPR’s powers

Government to proceed with measures to enhance TPR’s powers

The following Banking & Finance news provides comprehensive and up to date legal information on Government to proceed with measures to enhance TPR’s powers

Corporate Insolvency and Governance Bill—moratorium

Corporate Insolvency and Governance Bill—moratorium

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Bill—moratorium

Featured Employment content

Payment in lieu of notice (PILON)

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

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

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

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—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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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...
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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...
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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...
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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...
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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...
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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...
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9th Nov
tag iconIn-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...
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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...
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9th Nov
Practice notes

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...
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9th Nov
tag iconIn-house
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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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...
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9th Nov
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]...
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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...
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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...
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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....
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9th Nov

Most recent Key developments content

Q&As

Given the new rules requiring staff in certain settings to wear face coverings, does refusal to wear a face covering when required by law or by the employer (as a result of its risk assessment) amount to misconduct? Who should provide the face covering?

Face coveringsFace coverings are not classed as personal protective equipment (PPE) as they:•are generally not manufactured to a recognised standard...
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5th Dec
tag iconCOVID-19
Q&As

Can a seasonal casual worker who is not guaranteed work be furloughed under the coronavirus (COVID-19) job retention scheme (CJRS)? If so, how does the employer calculate the amount of the grant it can claim under the CJRS?

Details of the coronavirus (COVID-19) job retention scheme (CJRS) are set out:•in the HMRC’s:◦guidance for employers: Check if you can claim for your...
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5th Dec
tag iconCOVID-19
Q&As

If an individual is both employed and self-employed, can they access both the coronavirus (COVID-19) job retention scheme and the self-employment income support scheme for support?

Access to the Coronavirus Job Retention Scheme (CJRS) and the Self-Employment Income Support Scheme (SEISS) will be via HMRC.The CJRS is a scheme...
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5th Dec
tag iconCOVID-19
Q&As

Can a company implement a ‘furlough rota’ for staff under the coronavirus (COVID-19) job retention scheme, so that there are two teams working alternate weeks in the same role, with employees placed on furlough for the non-working periods?

UPDATE: Since this Q&A was first published on 31 March, the HMRC guidance for employers: Claim for your employees’ wages through the coronavirus job...
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5th Dec
tag iconCOVID-19
Q&As

Are there any particular considerations an employer needs to take into account in deciding whether to designate a director as a ‘furloughed worker’ under the coronavirus job retention scheme?

A person appointed as a director of a company is an office-holder and is not, by virtue of that appointment alone, also an employee of the company.For...
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5th Dec
tag iconCOVID-19
Q&As

What can an employee do if the employer insists on proceeding with a disciplinary hearing during the Coronavirus lockdown, either remotely or by attendance at a neutral place? What if their workplace representative is unable or unwilling to attend due to Coronavirus and the employee insists on this companion?

The Acas guidance for employers and employees on coronavirus (COVID-19) is silent as to how disciplinary meetings should be dealt with during the...
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5th Dec
tag iconCOVID-19
Q&As

If an employee who is furloughed goes on maternity leave, will they be entitled to statutory maternity pay for first six weeks at 90% of their usual salary, or 90% of the reduced salary they are receiving during their furlough leave?

The government’s guidance for employers: Claim for your employee’s wages through the Coronavirus Job Retention Scheme states as follows:‘Employees who...
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5th Dec
tag iconCOVID-19
Q&As

The government has announced it will be taking steps to mobilise military reservists to help in the response to the coronavirus (COVID-19) pandemic. As an employer of a military reservist, what are my rights and liabilities?

An employer has certain legal responsibilities in relation to a reservist’s mobilisation and reinstatement at work afterwards.An employer can claim...
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5th Dec
tag iconCOVID-19
Q&As

Where a night worker has been furloughed under the Coronavirus Job Retention Scheme, how should their average normal hours of work in each 24 hours during a reference period be calculated?

For information:•on furloughing under the Coronavirus Job Retention Scheme (CJRS) generally, see Practice Note: Coronavirus Job Retention Scheme...
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5th Dec
tag iconCOVID-19
Q&As

If an employee develops, produces and publishes materials for use, eg with pupils during the coronavirus (COVID-19) lockdown, can they claim ownership of related intellectual property rights?

By operation of law in the UK, most sorts of intellectual property (IP) rights created by employees in the course of their duties belong to the...
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5th Dec
tag iconCOVID-19
Q&As

Is a laid off employee who wishes to claim a statutory redundancy payment through the lay off and short-time provisions of the Employment Rights Act 1996 entitled to receive notice pay or a payment in lieu of notice once they have resigned?

In order to receive a statutory redundancy payment, a laid-off employee must resign from their employment, after having notified their employer of...
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5th Dec
tag iconCOVID-19
Q&As

If a worker whose normal rate of pay is just above the national minimum wage is designated as a ‘furloughed worker’ under the proposed coronavirus (COVID-19) job retention scheme (CJRS), and the 80% of wages that will be reimbursed by HMRC under the CJRS is therefore less than the national minimum wage, will the employer be in breach of the national minimum wage legislation if it does not fund the difference between the payment under the CJRS and the worker’s normal pay?

UPDATE: This Q&A was first published before the HMRC published its guidance for employers: Claim for your employees’ wages through the coronavirus job...
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5th Dec
tag iconCOVID-19
Q&As

If the employee agrees to work fewer hours for a period of time and the employer does not have an existing contractual right to lay off or implement short-time working, can the employee still claim a statutory redundancy payment?

An employee may claim a statutory redundancy payment without being dismissed in one of two situations:•where the employee is ‘laid-off’ by the...
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5th Dec
tag iconCOVID-19
Practice notes

Kickstart Scheme

The Kickstart Scheme forms part of a range of government programmes that are available for employers who are considering hiring employees or offering...
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3rd Dec
tag iconCOVID-19
Q&As

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived domestic legislation which implements an EU Directive, are UK courts and tribunals bound or permitted to have regard to EU case law on that Directive even though the Directive itself is not retained?

Interpretation of retained EU law under the European Union (Withdrawal) Act 2018Section 6 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018)...
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3rd Dec
Q&As

Can an employee who is returning from maternity leave be placed on furlough under the coronavirus job retention scheme immediately following their return and, if so, would their furlough pay be based on their rate of pay pre-maternity leave, or on the average they received while on maternity leave?

The government published two sets of guidance on the coronavirus job retention scheme (CJRS) on 26 March 2020:•guidance for employers: Claim for wage...
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3rd Dec
tag iconCOVID-19
Q&As

Can an employee who is currently on furlough under the coronavirus (COVID-19) job retention scheme be given notice of termination of employment? If so, can the employer claim a grant in respect of the employee’s notice pay?

There is, on the face of it, nothing to prevent an employer giving notice of termination, in accordance with statute and the contract of employment,...
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3rd Dec
tag iconCOVID-19
Q&As

What is an employee entitled to be paid if they cannot work due to school closures?

For information generally on employment issues arising as a result of coronavirus (COVID-19), see Practice Note: Coronavirus (COVID-19)—issues for...
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3rd Dec
tag iconCOVID-19
Q&As

If there is a government ‘lock down’ for coronavirus (COVID-19), is it possible that employment contracts might be frustrated?

For information on workplace issues in light of the fast-changing position in relation to coronavirus (COVID-19), see Practice Note: Coronavirus...
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3rd Dec
tag iconCOVID-19
Precedents

Letter—from employer to employee regarding Job Support Scheme Closed (JSSC) temporary working agreement

STOP PRESS: On 30 October 2020, HMRC published 11 guidance notes giving further details of eligibility for the Job Support Scheme (JSS) and how to...
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1st Dec

Popular documents

LEXISNEXIS

Intercreditor agreement—key provisions

This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to

LEXISNEXIS

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as

LEXISNEXIS

What is practical completion?

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an

LEXISNEXIS

Key elements of a standstill agreement

When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring