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Latest Employment News

Free UK data flows approved as EU states vote unanimously for ‘adequacy’ decisions

The following Commercial news provides comprehensive and up to date legal information on Free UK data flows approved as EU states vote unanimously for ‘adequacy’ decisions

What are the implications of the end of the ‘grace period’?

The following Employment news provides comprehensive and up to date legal information on What are the implications of the end of the ‘grace period’?

Employment weekly highlights—17 June 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—17 June 2021

Lack of interim relief in discrimination claims is lawful (Steer v Stormsure Ltd)

The following Employment news provides comprehensive and up to date legal information on Lack of interim relief in discrimination claims is lawful (Steer v Stormsure Ltd)

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...

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss applicationThe automated unfair dismissal schedule of loss is designed to make the...

Protective awards

Protective awardsThis Practice Note examines claims for protective awards following an employer’s failure to carry out collective redundancy...

The term of trust and confidence

The term of trust and confidenceEvery contract of employment is treated as containing an imposed term of trust and confidence. This requires employers...

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...

19th May

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

Unfair dismissal remedies—general

Unfair dismissal remedies—generalCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020...

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

Employment tribunal case management

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

19th May

Practice notes

Definition of redundancy

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

19th May

COVID-19

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

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

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

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

Dealing with stress and mental ill health in the workplace

Dealing with stress and mental ill health in the workplaceThe Health and Safety Executive (HSE) defines stress as ‘the adverse reaction people have to...

19th May

COVID-19

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

Practice notes

The duty of fidelity and fiduciary duties

The duty of fidelity and fiduciary dutiesAll employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty...

19th May

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...

19th May

Practice notes

Contractual notice

Contractual noticeIn general, employers are free to give notice of dismissal at any time, unless they have expressly or impliedly agreed not to in the...

19th May

In-house

Most recent Settlement content

Q&As

Can a settlement agreement provided for an employee to be placed on furlough under the Coronavirus Job Retention Scheme (CRJS) for a period of three months or more, during which time their salary is funded by the grant and at the end of this period the employee is to be paid their contractual notice period and a Compensatory payment which includes a Redundancy payment? If this is not within the spirit of the Scheme is it an offence which is to be reported and consent to be obtained?

Can a settlement agreement provided for an employee to be placed on furlough under the Coronavirus Job Retention Scheme (CRJS) for a period of three...

6th Jun

COVID-19

Q&As

An employee is selected for redundancy (following deletion of their substantive post), and given their full entitlement to notice of termination of their employment in that post. Following expiry of the notice period, the employee is placed employed on the employer’s redeployment register for a further 26 weeks, but the parties then agree to terminate the employment by mutual consent via a settlement agreement before the end of the 26 weeks and before alternative employment has been found. In those circumstances, will the employer need to carry out a post-employment notice pay calculation, even though the employee received their full notice period for their substantive post?

An employee is selected for redundancy (following deletion of their substantive post), and given their full entitlement to notice of termination of...

6th Jun

Q&As

In employment proceedings, where the parties have waived without prejudice privilege, is the without prejudice communication itself admissible, or just the fact that there was a without prejudice communication?

In employment proceedings, where the parties have waived without prejudice privilege, is the without prejudice communication itself admissible, or...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun

Q&As

Can a legal executive advise on a settlement agreement and, if so, can his fees be paid free of tax?

Can a legal executive advise on a settlement agreement and, if so, can his fees be paid free of tax?Contracting-out provisions (such as those found in...

6th Jun

Q&As

A claimant issued a claim for detriment as a result of making protected disclosures. Claimant then proposed financial settlement of their claims and agreed termination of employment, and a settlement agreement was entered into, with an effective date of termination of November 2019. The claimant subsequently applied for three permanent posts in February and March 2020 within their former team and was not shortlisted. They have now submitted claims for constructive unfair dismissal, and detriment (not being shortlisted). Can the employer bring a contract counterclaim for the claimant’s breach of the settlement agreement, or should the employer argue that the claimant has waived their unfair dismissal claim and therefore only respond to the alleged detriment re shortlisting?

A claimant issued a claim for detriment as a result of making protected disclosures. Claimant then proposed financial settlement of their claims and...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun

Q&As

Could a third party (who is not a party to any employment tribunal proceedings) be a party to a COT3 agreement to allow for enforcement against that third party in the event of default by an employer?

Could a third party (who is not a party to any employment tribunal proceedings) be a party to a COT3 agreement to allow for enforcement against that...

6th Jun

Q&As

Are settlement payments classed as earnings under attachments of earnings?

Are settlement payments classed as earnings under attachments of earnings?A judgment creditor can seek to enforce their judgment debt by applying for...

6th Jun

Q&As

If one party makes a settlement offer to a second party in open correspondence, and a counter offer is then made by the second party in without prejudice correspondence, is the first party entitled to consider their offer rejected and refer to this openly in employment tribunal proceedings?

If one party makes a settlement offer to a second party in open correspondence, and a counter offer is then made by the second party in without...

6th Jun

Q&As

Can a claim under the Agricultural Wages Order be waived under a settlement agreement? What are the tax implications of payment under the settlement agreement being made before the termination date?

Can a claim under the Agricultural Wages Order be waived under a settlement agreement? What are the tax implications of payment under the settlement...

5th Jun

Q&As

Where the employer fails to pay sums owing under a settlement agreement, can the former employee seek to enforce their rights by bringing a claim in the employment tribunal?

Where the employer fails to pay sums owing under a settlement agreement, can the former employee seek to enforce their rights by bringing a claim in...

5th Jun

Q&As

Does an employer or an employee have to pay tax on a payment in lieu of notice?

Does an employer or an employee have to pay tax on a payment in lieu of notice?The answer will depend on:•the terms of the employee's contract of...

5th Jun

Q&As

If a settlement agreement meeting the statutory conditions (eg of section 23 of the Employment Rights Act 1996) has been entered into, but it is subsequently agreed to vary the confidentiality clause to permit disclosure of the existence of the agreement to a pension provider, is it necessary for the employee to receive independent legal advice on the proposed variation?

If a settlement agreement meeting the statutory conditions (eg of section 23 of the Employment Rights Act 1996) has been entered into, but it is...

5th Jun

Q&As

Can the personal representatives of a deceased employee enter into a settlement agreement to settle the deceased employee's claims?

Can the personal representatives of a deceased employee enter into a settlement agreement to settle the deceased employee's claims?Where a claimant...

5th Jun

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,...

5th Jun

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...

5th Jun

Q&As

Does the post-employment notice pay (PENP) regime apply where an employee is summarily dismissed (say for gross misconduct) but is subsequently paid a compensation payment by the ex-employer?

Does the post-employment notice pay (PENP) regime apply where an employee is summarily dismissed (say for gross misconduct) but is subsequently paid a...

5th Jun

Q&As

Where a settlement sum is to be paid by a company based abroad, what safeguards should be built in to the settlement to protect the employee?

Where a settlement sum is to be paid by a company based abroad, what safeguards should be built in to the settlement to protect the employee?When it...

5th Jun

Q&As

Can a lawyer qualified in Scotland be the ‘relevant independent adviser’ for the purposes of a settlement agreement governed by English law?

Can a lawyer qualified in Scotland be the ‘relevant independent adviser’ for the purposes of a settlement agreement governed by English law?For the...

Produced in partnership with Russell Bradley of Ampersand 5th Jun

Scottish Law

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...

5th Jun

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...

5th Jun

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Settlement

View Employment by content type:

Latest Employment News

Free UK data flows approved as EU states vote unanimously for ‘adequacy’ decisions

What are the implications of the end of the ‘grace period’?

Employment weekly highlights—17 June 2021

Lack of interim relief in discrimination claims is lawful (Steer v Stormsure Ltd)

Featured Employment content

Payment in lieu of notice (PILON)

Guide to using the Lexis®PSL Employment Schedule of Loss application

Protective awards

The term of trust and confidence

Most recent Settlement content

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Directors’ remuneration

Contract interpretation—express terms in contracts

What is a certificate of title?

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