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Latest Employment News

Unfair dismissal—when non-decision-maker’s motivation will be attributed to employer (Kong v Gulf International Bank (UK) Ltd)

The following Employment news provides comprehensive and up to date legal information on Unfair dismissal—when non-decision-maker’s motivation will be attributed to employer (Kong v Gulf International Bank (UK) Ltd)

Court of Appeal provides guidance on mutuality of obligation (HMRC v Professional Game Match Officials Ltd)

The following Employment news provides comprehensive and up to date legal information on Court of Appeal provides guidance on mutuality of obligation (HMRC v Professional Game Match Officials Ltd)

Employment weekly highlights—16 September 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—16 September 2021

Civil stress claim after employment tribunal settlement not an abuse (Farnham-Oliver v RM Educational Resources Ltd)

The following Employment news provides comprehensive and up to date legal information on Civil stress claim after employment tribunal settlement not an abuse (Farnham-Oliver v RM Educational Resources Ltd)

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...

Direct discrimination

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

Guarantee payments

Guarantee paymentsThis Practice Note explains the right to a guarantee payment, which provides limited pay protection for certain employees who are...

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

Practice notes

Sunday working

Sunday workingFORTHCOMING CHANGE: Certain aspects of the protections afforded under the ERA 1996 to shop and betting workers are to be strengthened by...

19th May

Q&As

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?For information:•on time limits for the...

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

Statutory minimum notice

Statutory minimum noticeSection 86 of the Employment Rights Act 1996 (ERA 1996) provides for a statutory minimum period of notice that must be given...

19th May

In-house

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

Time off work for antenatal appointments

Time off work for antenatal appointmentsAn employer or, where applicable, a temporary work agency or hirer, cannot unreasonably refuse to allow a...

19th May

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

Early judicial assessment of employment tribunal cases

Early judicial assessment of employment tribunal casesCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland...

19th May

In-house

Practice notes

Continuity of employment

Continuity of employmentUPDATE: In its ‘Good Work Plan’ published in December 2018, the government has indicated that it will legislate to extend the...

19th May

In-house

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

Disclosure in employment tribunal proceedings

Disclosure in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

Practice notes

Definition of dismissal in unfair dismissal

Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...

19th May

In-house

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

Most recent Settlement content

Practice notes

Execution formalities—companies

Execution formalities—companiesThis Practice Note provides practical guidance on the execution of documents by companies after 6 April 2008 (being the...

21st Sep

In-house

Practice notes

Deeds

DeedsUnder English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...

20th Sep

In-house

Precedents

Share plan clauses in settlement agreements

Share plan clauses in settlement agreements1Details of AwardsAs at the Termination Date, you hold awards granted to you relating to the shares of [the...

Produced in partnership with Sam Whitaker of Shearman & Sterling 17th Sep

Practice notes

Employee share schemes—dealing with leavers

Employee share schemes—dealing with leaversWhat are leavers?Departing individuals are known generically as ‘leavers’ but the reason behind the...

Produced in partnership with Jenny Wheater of Duane Morris LLP 17th Sep

In-house

Q&As

Where there is no express or implied contractual payment in lieu of notice (PILON) clause in an employee’s contract, if, as part of a settlement agreement, the employee receives a one-off PILON in the amount of that employee’s basic pay for the notice period and also continues to benefit from health insurance cover paid for by the employer for the duration of the notice period, should the value of the health insurance cover be included in the post-employment notice pay (PENP) calculation?

Where there is no express or implied contractual payment in lieu of notice (PILON) clause in an employee’s contract, if, as part of a settlement...

17th Sep

Q&As

What does ‘exclusively in connection with the termination of the employee's employment’ in section 413A of the Income Tax (Earnings and Pensions) Act 2003 mean when considering the exception from income tax available for legal fees paid as part of a termination payment?

What does ‘exclusively in connection with the termination of the employee's employment’ in section 413A of the Income Tax (Earnings and Pensions) Act...

17th Sep

Q&As

How are settlement payments treated for tax and NICs purposes?

How are settlement payments treated for tax and NICs purposes?The taxation of termination payments underwent a substantial reform earlier this year,...

17th Sep

Q&As

What are the tax consequences of providing for payment to an outgoing employee for post-termination litigation assistance in a settlement agreement?

What are the tax consequences of providing for payment to an outgoing employee for post-termination litigation assistance in a settlement...

17th Sep

Q&As

Does the meaning of a ‘redundancy payment’ in section 402C(2)(a) of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) relating to exclusion of such payments from the relevant termination award for the calculation of post-employment notice pay (PENP) include a non-statutory redundancy payment?

Does the meaning of a ‘redundancy payment’ in section 402C(2)(a) of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) relating to exclusion...

17th Sep

Q&As

Can a former employee enforce payment of sums due under a settlement agreement against a company that is subject to a company voluntary arrangement?

Can a former employee enforce payment of sums due under a settlement agreement against a company that is subject to a company voluntary arrangement?In...

Produced in partnership with Carly Schiff of Gateley Plc 17th Sep

Q&As

Can a solicitor sign a settlement agreement (not as a deed) on behalf of the employee, if he has the employee’s authority to do so?

Can a solicitor sign a settlement agreement (not as a deed) on behalf of the employee, if he has the employee’s authority to do so?One of the...

17th Sep

Q&As

Where an employment tribunal claim comprises a number of claims or relevant proceedings, can the parties validly settle one (or more) of those claims by way of an Acas-conciliated COT3 agreement without settling all of them, with the effect that the claims that have not been settled can proceed?

Where an employment tribunal claim comprises a number of claims or relevant proceedings, can the parties validly settle one (or more) of those claims...

17th Sep

Q&As

Can an employer settle pension claims using a settlement agreement?

Can an employer settle pension claims using a settlement agreement?The answer to this will depend on :•the type of pension scheme in issue•whether an...

17th Sep

Q&As

Can a COT3 Acas-conciliated agreement be used to prevent a data subject from exercising their right to make a data subject access request?

Can a COT3 Acas-conciliated agreement be used to prevent a data subject from exercising their right to make a data subject access request?An...

17th Sep

Q&As

Is the intellectual property (IP) clause used in the template employment contract suitable for use in a settlement agreement for a departing company director/employee in order to secure that all relevant IP remains the property of the employer?

Is the intellectual property (IP) clause used in the template employment contract suitable for use in a settlement agreement for a departing company...

17th Sep

Q&As

What is the effect of the issuing of an Acas early conciliation certificate (a) on the limitation period for a claim, and (b) on the qualifying period for an equality of terms (equal pay) claim?

What is the effect of the issuing of an Acas early conciliation certificate (a) on the limitation period for a claim, and (b) on the qualifying period...

17th Sep

Q&As

Can a settlement agreement provide for the employee to withdraw a data subject access request (DSAR) and to waive the right to make a DSAR in the future?

Can a settlement agreement provide for the employee to withdraw a data subject access request (DSAR) and to waive the right to make a DSAR in the...

17th Sep

Q&As

What remedies are available to an individual who loses a new job because their ex-employer provides a poor reference in breach of the terms of an Acas-conciliated COT3 agreement which included an agreed form of reference?

What remedies are available to an individual who loses a new job because their ex-employer provides a poor reference in breach of the terms of an...

17th Sep

Q&As

Can a settlement agreement require an employee to vacate tied accommodation, occupied under a service occupancy or tenancy, and leave the property in good condition, or would the employer have to follow the eviction process under housing law?

Can a settlement agreement require an employee to vacate tied accommodation, occupied under a service occupancy or tenancy, and leave the property in...

17th Sep

Q&As

Where an organisation is subject to The Restriction of Public Sector Exit Payments Regulations 2020, SI 2020/1122, are there any clauses reflecting this that should be included in a relevant settlement agreement with an employee?

Where an organisation is subject to The Restriction of Public Sector Exit Payments Regulations 2020, SI 2020/1122, are there any clauses reflecting...

17th Sep

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Settlement

View Employment by content type:

Latest Employment News

Unfair dismissal—when non-decision-maker’s motivation will be attributed to employer (Kong v Gulf International Bank (UK) Ltd)

Court of Appeal provides guidance on mutuality of obligation (HMRC v Professional Game Match Officials Ltd)

Employment weekly highlights—16 September 2021

Civil stress claim after employment tribunal settlement not an abuse (Farnham-Oliver v RM Educational Resources Ltd)

Featured Employment content

Indirect discrimination

Payment in lieu of notice (PILON)

Direct discrimination

Guarantee payments

Most recent Settlement content

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Contract variation

ECHR, art 5(4)—rights and duties

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]

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