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Latest Employment News

Comment—EU enforcement of Schrems II ruling sparks concerns of ‘de facto’ data localisation

Comment—EU enforcement of Schrems II ruling sparks concerns of ‘de facto’ data localisation

The following Commercial news provides comprehensive and up to date legal information on Comment—EU enforcement of Schrems II ruling sparks concerns of ‘de facto’ data localisation

Employment weekly highlights—15 April 2021

Employment weekly highlights—15 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—15 April 2021

Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)

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)

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)

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 paid for it. An employer will...

Contractual redundancy payments

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

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

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....
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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9th Nov
tag iconIn-house
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...
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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...
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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),...
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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...
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9th Nov
tag iconIn-house
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...
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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]...
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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...
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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...
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9th Nov

Most recent Working time and flexible working content

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...
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15th Apr
tag iconCOVID-19
Practice notes

Working time—goods and passenger vehicle drivers

Coronavirus (COVID-19): This Practice Note is updated to take account of the temporary relaxation of drivers’ hours rules as a result of the...
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13th 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...
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9th Apr
tag iconIn-house
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...
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9th Apr
Practice notes

Flexible working

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
tag iconIn-house
Practice notes

Working time defences and exceptions

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes

Sunday working

FORTHCOMING CHANGE: Certain aspects of the protections afforded under the ERA 1996 to shop and betting workers are to be strengthened by amendments to...
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7th Apr
Q&As

If bank staff are contracted to work four hours per week but are in fact scheduled to work 30 hours (and required to work those hours), even though there is nothing in their contract about overtime, is holiday pay calculated on the basis of the total hours worked, or the agreed four hours per week?

A worker has the right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 to a total of 5.6 weeks’ annual leave each year, made up of:•a...
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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:...
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7th Apr
Practice notes

Holiday pay

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note:...
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7th Apr
tag iconIn-house
Practice notes

Remedies for breach of working time rights

There are three situations where workers can bring a claim as an individual for breach of their rights under the Working Time Regulations 1998 (WTR...
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30th Mar
Practice notes

Working remotely outside the UK—considerations for UK employers

Employers are receiving more requests from employee to work from home. But a request to work remotely outside the country where an employee is...
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Produced in partnership with Stephen Ratcliffe of Baker McKenzie and Gill Murdoch 18th 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:...
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18th Mar
tag iconCOVID-19 tag iconIn-house
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 1998) and the enforcement of...
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9th Mar
Q&As

In relation to a claim by a temporary worker for historical underpayments of holiday pay, how far back can such a claim extend, and does the employment tribunal have exclusive jurisdiction over the claim?

Claims for holiday pay may be brought before an employment tribunal in one of three ways:•as a claim for statutory holiday pay under the Working Time...
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14th Feb
Q&As

What is the effect of the ECJ decision in Hein v Albert Holzkamm on the question of whether overtime should be included in the calculation of holiday pay for a worker with normal working hours?

The ECJ decision in Hein (which was principally about whether holiday pay under Article 7(1) of Directive 2003/88/EC, the Working Time Directive (WTD)...
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14th Feb
Q&As

Following Harpur Trust v Brazel, if an employer provides full-time workers with contractual holiday entitlement in excess of the 5.6 weeks’ statutory entitlement (which may or may not be linked to length of service), does the employer also have to provide the same ‘enhanced’ contractual entitlement to part-year workers, pro-rated?

Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regs 2000), SI 2000/1551, reg 5(1), a part-time worker...
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14th Feb
Q&As

In light of the Court of Appeal judgment in Brazel, how might an employer deal with a request for time off from a casual or irregular hours worker for a day’s holiday?

If an individual falls within the definition of ‘worker’ set out in the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 2(1) (and does not...
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14th Feb
Q&As

Where a worker has more than one employer, in calculating the weekly rest period, is the employer required to aggregate the worker’s working hours for both (or all) employers?

For information on who has the right to protection under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, see Practice Note: Eligibility...
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14th Feb
Q&As

When it comes to the holiday entitlement of an employee who starts their employment part-way through the holiday year, do public holidays accrue in the same way as other holiday entitlement, or should they be pro-rated?

Provisions relating to an employee’s holiday entitlement, including entitlement to paid holiday for public holidays, and how holiday entitlement...
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14th Feb

Popular documents

LEXISNEXIS

Intercreditor agreement—key provisions

This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to

LEXISNEXIS

Non-UCITS retail schemes (NURS)

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on

LEXISNEXIS

What is a contract of insurance?

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe

LEXISNEXIS

What is a tort?

This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What