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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),...

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....

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—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

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

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

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

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. 9th Nov

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

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

Most recent Health and safety content

Practice notes

Coronavirus (COVID-19)—managing the workplace

STOP PRESS (23/11/20): The Prime Minister confirmed on 23 November that the national lockdown restrictions introduced in England from 5 November 2020...

25th Nov

COVID-19

Practice notes

Coronavirus (COVID-19)—issues for employers

STOP PRESS (23/11/20): The Prime Minister confirmed on 23 November that the national lockdown restrictions introduced in England from 5 November 2020...

25th Nov

COVID-19

In-house

Practice notes

Coronavirus (COVID-19)—safe working in an office environment

From 5 November 2020, the government has imposed a new period of national restrictions in England. The national restrictions require individuals to...

Produced in partnership with Melanie O'Brien of DG Legal 6th Nov

COVID-19

Q&As

Should an employer allow an employee who is 28 weeks’ pregnant to attend the workplace during the coronavirus (COVID-19) pandemic?

An employer must ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees. Failure to do so is a...

20th Oct

COVID-19

Practice notes

Working time rights and obligations

This Practice Note considers the rights that workers have under the Working Time Regulations 1998, SI 1998/1833, (WTR) and the enforcement of those...

19th Oct

Practice notes

Duty to take reasonable care and interfering with safety

Interfering with safety offenceEvery employee is under a duty, while at work, to take reasonable care for the health and safety of himself and of...

2nd Oct

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...

1st Oct

In-house

Q&As

Where, in order to mitigate the risk to the health and safety of a pregnant employee (or her baby), the employer alters the employee’s working hours, should the employee still be paid her full pay?

The Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242, reg 16 breaks an employer’s duty into two separate...

28th Sep

Q&As

Is it the responsibility of an employment business (within the meaning of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 SI 2003/3319) or that of the hirer to give ongoing health and safety training to a temporary worker?

You may wish to consider the obligations of the employment business and the hirer under:•the relevant employment agencies and employment businesses...

28th Sep

Q&As

Can an employer fairly dismiss an employee if they walk out of work because the workplace is too cold?

Entitlement to claim unfair dismissalWhen it comes to determining the fairness of a dismissal an employment tribunal will first establish that the...

28th Sep

Q&As

In a claim for being subjected to a detriment, is it possible to recover legal costs as part of the compensation awarded under section 49 of the Employment Rights Act 1996?

Under section 49 of the Employment Rights Act 1996 (ERA 1996), where an employment tribunal finds in favour of a claimant in a detriment claim,...

28th Sep

Q&As

Is an employer required to carry out an individual and specific health and safety risk assessment for a pregnant employee (under regulations 16 and 18 of the Management of Health and Safety at Work Regulations 1999, SI 1999/3242 ) when they are formally notified of the pregnancy, or can the employer do a general risk assessment for employees of childbearing age and then remove the risk if one is identified?

The Management of Health and Safety at Work Regulations (MHSW Regs) 1999, SI 1999/3242, reg 16 breaks an employer’s duty into two separate...

28th Sep

Precedents

ET3 grounds for resisting claim—health and safety detriment

[Insert in para 6.1 of claim form ET3:]1It is denied that the Respondent subjected the Claimant to a detriment under section 44 of the Employment...

27th Sep

Practice notes

Health and safety—employee protection from detriment and dismissal

This Practice Note considers the right of employees not to be subjected to a detriment, or dismissed, on certain grounds relating to health and safety...

26th Sep

COVID-19

Practice notes

Accidents caused by a failure to manage the workplace

Post 1 October 2013On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents...

26th Sep

Precedents

Policy—lone working

1Introduction1.1Both individual staff members who work alone and their managers have a duty to assess and reduce the risks lone working presents. This...

26th Sep

COVID-19

Precedents

Health and safety risk assessment

Please click for an Excel version of this risk assessment.Date[Insert date]1Introduction1.1This risk assessment outlines the health and safety risks...

26th Sep

COVID-19

Practice notes

Lone working

What's the issue?The Health and Safety Executive (HSE) defines lone workers as people who work by themselves without close or direct...

26th Sep

COVID-19

Practice notes

Conducting a health and safety risk assessment

Having in place a well-thought-out and accessible structure on health and safety could help enable an organisation to ensure that it is managed...

26th Sep

COVID-19

Practice notes

Improvement and Prohibition Notices under the Health and Safety at Work etc Act 1974

Enforcement of Part I of the Health and Safety at Work etc Act 1974 (HSWA 1974) is often achieved through the service of statutory Improvement Notices...

26th Sep