Managing the employment relationship

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Latest Employment News

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

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)

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

Featured Employment content

Indirect discrimination

Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference...

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...

How are the post-employment notice pay (PENP) provisions applied in circumstances where the employee is (a) on long-term sickness absence and has exhausted his entitlement to sick pay, or (b) has been dismissed summarily without notice?

How are the post-employment notice pay (PENP) provisions applied in circumstances where the employee is (a) on long-term sickness absence and has...

Unfair dismissal time limit

Unfair dismissal time limitThree months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the...

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...

19th May

Practice notes

Preliminary hearings in the employment tribunal

Preliminary hearings in the employment tribunalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during...

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...

19th May

Practice notes

Wrongful dismissal compensation

Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment...

19th May

Practice notes

Qualifying period for unfair dismissal

Qualifying period for unfair dismissalFor employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed...

19th May

Practice notes

The early conciliation requirement

The early conciliation requirementCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

In-house

Practice notes

Smoking in the workplace

Smoking in the workplaceProviding a smoke-free workplace (in enclosed or substantially enclosed premises) has been obligatory in England since 1 July...

19th May

Practice notes

Office-holders

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

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...

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...

19th May

In-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...

19th May

Practice notes

Calculators on Lexis®PSL Employment

Calculators on Lexis®PSL EmploymentThis Practice Note explains and summarises the suite of calculators designed specifically to assist employment...

19th May

Practice notes

Striking out and unless orders in employment tribunal proceedings

Striking out and unless orders in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and...

19th May

In-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...

19th May

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...

19th May

Practice notes

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

Applicable law—which system of law applies to the contract or employment relationshipThis Practice Note examines how to determine which system of law...

Produced in partnership with Edward Kemp of Littleton Chambers 19th May

Most recent Managing the employment relationship content

Q&As

Is an employer permitted to access and read a former employee's private emails and documents that are stored on the employer's IT systems, with a view to finding evidence to dispute the former employee's version of events and/or damage his credibility at an employment tribunal hearing?

Is an employer permitted to access and read a former employee's private emails and documents that are stored on the employer's IT systems, with a view...

31st Jul

Q&As

Where a US entity provides goods or services to a UK entity, would the collection of personal data of the directors (being individuals) of the UK entity for client due diligence etc be covered by the General Data Protection Regulation, Regulation (EU) 2016/679 if the services or goods are being provided to the entity (which is not a data subject) rather than to the data subjects in their capacity as individuals?

Where a US entity provides goods or services to a UK entity, would the collection of personal data of the directors (being individuals) of the UK...

31st Jul

Q&As

Is it advisable for an employer to record, electronically, formal meetings it has with an employee eg relating to discipline, sickness absence and performance?

Is it advisable for an employer to record, electronically, formal meetings it has with an employee eg relating to discipline, sickness absence and...

31st Jul

Q&As

In relation to an employer’s duty to inform and consult appropriate representatives of its affected employees in a TUPE situation, if the transferor was a micro business but the transferee was not, would the exception for micro-businesses apply just to the transferor (with the transferee being required to comply with its information and consultation obligations in the usual way)? What would happen if both the transferor and the transferee were micro-businesses? Would the exception apply to each, separately, or would the combined total of both sets of employees be taken into account to determine whether each employer qualifies for the exception?

In relation to an employer’s duty to inform and consult appropriate representatives of its affected employees in a TUPE situation, if the transferor...

31st Jul

Practice notes

Supply chains under data protection law—arrangements between controllers and processors

Supply chains under data protection law—arrangements between controllers and processorsIn briefData protection laws in both the EEA (the EU plus...

31st Jul

Q&As

In relation to an employee who is not able to fulfil certain key elements of their job due to anxiety and depression, would it be permissible, as an alternative to dismissal, for an employer to reduce the employee’s role, pay and benefits in an effort to accommodate them in a less stressful role?

In relation to an employee who is not able to fulfil certain key elements of their job due to anxiety and depression, would it be permissible, as an...

31st Jul

Practice notes

Personal data sharing between controllers

Personal data sharing between controllersThis Practice Note explores issues and best practice relating to the sharing of personal data between...

31st Jul

Q&As

If, in the course of its business, the respondent in an unfair dismissal claim obtains payroll information relating to the claimant’s new employment which it uses to negotiate settlement of the claim (by arguing that the claimant has mitigated their loss and has no future loss of earnings claim), is the respondent in breach of Regulation (EU) 2016/679, GDPR or the Data Protection Act 2018 and, if so, does the claimant have the right to damages?

If, in the course of its business, the respondent in an unfair dismissal claim obtains payroll information relating to the claimant’s new employment...

31st Jul

Q&As

Can a company director (or other company office holder) be a controller or processor under the General Data Protection Regulation (or are they treated in the same way as employees)?

Can a company director (or other company office holder) be a controller or processor under the General Data Protection Regulation (or are they treated...

Produced in partnership with Daradjeet Jagpal of Information Law Solutions 31st Jul

Q&As

What is 'personal data' for the purposes of the Data Protection Act 1998?

What is 'personal data' for the purposes of the Data Protection Act 1998?For the purposes of the Data Protection Act 1998 (DPA 1998), 'personal data'...

31st Jul

Q&As

Where, during recruitment, the employer processes personal data relating to an applicant’s criminal convictions or offences, is the requirement in Data Protection Act 2018, Sch 1 Pt 2, para 12(1)(b) (that, in the circumstances, the controller cannot reasonably be expected to obtain the consent of the data subject to the processing) met, given the imbalance of power between employer and employee?

Where, during recruitment, the employer processes personal data relating to an applicant’s criminal convictions or offences, is the requirement in...

31st Jul

Q&As

What are the options available to an employer if a care home employee refuses to be tested for coronavirus (COVID-19)? Would it be appropriate, for example, to discipline or dismiss the employee for failure to follow a reasonable instruction, or insist that they take unpaid leave?

What are the options available to an employer if a care home employee refuses to be tested for coronavirus (COVID-19)? Would it be appropriate, for...

31st Jul

COVID-19

Q&As

Where a disabled employee who has been invited to a disciplinary hearing has been unable to find a companion to accompany them (eg where their trade union has refused to provide a companion because of the employee’s prior conduct, and their chosen work colleagues have also refused), what are the options available to the employer to minimise the risk of claims?

Where a disabled employee who has been invited to a disciplinary hearing has been unable to find a companion to accompany them (eg where their trade...

31st Jul

Q&As

Where a claimant provides an impact statement and medical records for the purposes of proving disability in an employment tribunal claim, and the employer subsequently forwards these to its occupational health advisers for the purposes of producing a report on the claimant (without the claimant’s consent), what are the claimant’s potential remedies, eg under the data protection legislation and the Access to Medical Reports Act 1988?

Where a claimant provides an impact statement and medical records for the purposes of proving disability in an employment tribunal claim, and the...

31st Jul

Q&As

Where an employee makes a phased return to work on reduced hours (a) should the employer pay him in full or pro-rata according to the reduced hours of work, (b) does the employee’s entitlement to contractual sick pay end, and (c) if the employee is entitled to be paid according to the reduced hours of work only, with the result that the employee would be financially better off remaining on sick leave and claiming their entitlement to contractual sick pay, is there a formal mechanism for the employer to ‘top up’ the employee’s pro-rated pay to the level of the contractual sick pay they would have received had they remained on sick leave?

Where an employee makes a phased return to work on reduced hours (a) should the employer pay him in full or pro-rata according to the reduced hours of...

31st Jul

Q&As

When will a consultant be a processor for the purposes of Regulation (EU) 2016/679, the GDPR?

When will a consultant be a processor for the purposes of Regulation (EU) 2016/679, the GDPR?For further information, see the sections in Practice...

31st Jul

Q&As

What remedies would be available to a former self-employed contractor/consultant looking to bring a claim following covert surveillance in the workplace?

What remedies would be available to a former self-employed contractor/consultant looking to bring a claim following covert surveillance in the...

Produced in partnership with Peter Ware of Browne Jacobson 31st Jul

Q&As

In the course of a disciplinary appeal hearing, can the employer use a statement obtained from the employee's previous employer relating to disciplinary proceedings involving the employee that took place while the employee was still employed by their previous employer? If not, is there nevertheless a duty on the employer to disclose the statement to the employee so that they have an opportunity to respond to it?

In the course of a disciplinary appeal hearing, can the employer use a statement obtained from the employee's previous employer relating to...

Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul

Q&As

If an employee submits a letter of resignation in which she raises various issues, should the employer treat the letter as a grievance?

If an employee submits a letter of resignation in which she raises various issues, should the employer treat the letter as a grievance?It is not clear...

31st Jul

Q&As

If a junior employee follows instructions from a senior employee and by following those instructions they commit an act of misconduct, can the junior employee claim a defence that they were following reasonable management orders?

If a junior employee follows instructions from a senior employee and by following those instructions they commit an act of misconduct, can the junior...

31st Jul

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Managing the employment relationship

View Employment by content type:

Latest Employment News

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

Employment weekly highlights—29 July 2021

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

Featured Employment content

Indirect discrimination

Payment in lieu of notice (PILON)

How are the post-employment notice pay (PENP) provisions applied in circumstances where the employee is (a) on long-term sickness absence and has exhausted his entitlement to sick pay, or (b) has been dismissed summarily without notice?

Unfair dismissal time limit

Most recent Managing the employment relationship content

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