Protected rights in employment

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Latest Employment News

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)

Employment weekly highlights—1 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—1 April 2021

Presidential road map for employment tribunals from April 2021 to March 2022

The following Employment news provides comprehensive and up to date legal information on Presidential road map for employment tribunals from April 2021 to March 2022

Featured Employment content

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

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...

Precedents

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

9th Nov

Practice notes

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...

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

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...

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—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...

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

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 Protected rights in employment content

Practice notes

Coronavirus (COVID-19)—issues for employers

UPDATE (8/4/21): The DHSC announced on 5 April 2021 that from 9 April everyone in England will be able to take free rapid coronavirus tests twice a...

9th Apr

COVID-19

In-house

Practice notes

Smoking in the workplace

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

9th Apr

Practice notes

Hours of work and working time

This Practice Note considers the restrictions and limits on working hours and shift patterns imposed by the Working Time Regulations 1998, SI...

9th Apr

In-house

Practice notes

Work during maternity or adoption leave—keeping in touch days

This Practice Note describes the extent to which employees are entitled to work during statutory maternity or adoption leave, without bringing that...

9th Apr

Practice notes

Eligibility for working time rights

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

9th Apr

Practice notes

Shared parental leave (birth)

In essence, the right to shared parental leave allows, after birth, the mother of the child and a second person (who must be the father of child, or...

9th Apr

Practice notes

Shared parental leave (adoption)

In essence, the right to shared parental leave allows, after adoption, the adopter of the child and a second person (who must be married to, or the...

9th Apr

Practice notes

Time off for dependants

In certain defined circumstances, employees have a right to be permitted to take time off during working hours:•to care for, or arrange care for,...

9th Apr

COVID-19

Practice notes

Time off work for adoption appointments

An employer, or where applicable temporary work agency or hirer, cannot unreasonably refuse to allow an employee, or where applicable agency worker,...

9th Apr

Practice notes

Detriment or dismissal because of shared parental leave

For full coverage of the substantive right to take shared parental leave, see Practice Notes: Shared parental leave (birth) and Shared parental leave...

9th Apr

Practice notes

Interim relief in unfair dismissal

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

9th Apr

Practice notes

Entitlement to claim whistleblowing

This Practice Note considers the entitlement of workers to bring claims in respect of whistleblowing when they have suffered detriment and/or...

9th Apr

Practice notes

The right to return to work after adoption leave

Employees who take ordinary adoption leave (OAL) are entitled to return to the 'same job' at the end of that leave unless that job is no longer...

9th Apr

Practice notes

Adoption leave

An employee intending to adopt a child under 18 may be eligible to take up to three different kinds of statutory leave:•ordinary and additional...

9th Apr

Practice notes

Whistleblowing defences and exceptions

Although coverage of the whistleblowing provisions is very broad, a small selection of persons are partly or wholly excluded from the right to bring a...

9th Apr

Practice notes

Detriment or dismissal on grounds of pregnancy, childbirth or maternity leave

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

9th Apr

Practice notes

Detriment or dismissal on grounds of adoption leave

Employees are protected against dismissal and from suffering a detriment for reasons related to ordinary adoption leave (OAL) and additional adoption...

9th Apr

Practice notes

ICER employee representatives

This Practice Note deals with the election of employee representatives under The Information and Consultation of Employees Regulations 2004, SI...

9th Apr

Practice notes

Whistleblowing—protected disclosures

UPDATE: On 21 July 2019, following its consultation on ‘Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or...

9th Apr

In-house

Practice notes