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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

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...

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...

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

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—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

Employment tribunal case management

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

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

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...

9th Nov

In-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...

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

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 Benefits content

Practice notes

Discretions in employee share schemes

What are discretions in employee share schemes?It is common to see contracts include powers for a party to determine a particular matter ‘in its...

Produced in partnership with Sam Whitaker of Shearman & Sterling 9th Apr

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 9th Apr

Practice notes

Coronavirus (COVID-19)—holiday and holiday pay

This Practice Note considers issues relating to the right to holiday and holiday pay during the Coronavirus (COVID-19) pandemic. It:•summarises the...

8th Apr

COVID-19

Precedents

Policy—holiday

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

7th Apr

Practice notes

Holiday

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note:...

7th Apr

Practice notes

Introduction to employee share ownership schemes

This Practice Note provides an introduction to:•why companies have employee ownership models•the main types of share ownership models, and•issues to...

6th Apr

Practice notes

Car or car allowance

Many employers provide company cars for certain employees as part of their remuneration package, or give them a car or fuel allowance.For sample...

31st Mar

Practice notes

Holiday and sickness absence

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note:...

18th Mar

COVID-19

In-house

Q&As

Should the claimant's unfair dismissal compensatory award be reduced by the full amount of benefits under a permanent health insurance (PHI) scheme received by him during the period covered by the award?

This Q&A considers whether the claimant's unfair dismissal compensatory award should be reduced by the full amount of benefits under a permanent...

17th Mar

Q&As

How do you calculate holiday entitlement in the first year of employment?

The statutory entitlement to holiday under the Working Time Regulations 1998, SI 1998/1833 (WTR 1998) is to a total of 5.6 weeks' annual leave each...

17th Mar

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?

Calculation of holiday entitlementThe position of a worker working compressed hours will be the same as that of a ‘normal’ full-time worker, ie they...

17th Mar

Q&As

In relation to an employee who is a military reservist, if it is agreed that their contract of employment will continue during their whole-time service, will they continue to accrue the statutory minimum holiday entitlement?

For information:•on military reservists generally, see Practice Note: Military reservists•on the right to paid holiday, see Practice Notes: Holiday...

17th Mar

Q&As

If an employee returns to work after six months off sick, is the employer allowed to pay them in lieu of untaken holidays at the end of that holiday year?

The following Practice Notes in Lexis®PSL Employment are relevant to your enquiry:•Holiday•Holiday pay•Holiday and sickness absence, which considers...

17th Mar

Practice notes

Insurance in employment

Some employers offer benefits to their employees in the form of insured benefits, such as private medical insurance, permanent health insurance, life...

17th Mar

Practice notes

Pensions—general considerations for employment lawyers

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 Mar

Practice notes

Non-taxable benefits

Certain categories of benefits are not liable to income tax. The most significant of these are payments into pension funds (see Practice Note:...

17th Mar

Practice notes

Discounts and subsidies

Some employers offer benefits to their employees in the form of various discounts and subsidies, such as subsidised meals, gym membership and staff...

17th Mar

Practice notes