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Reducing the risk of COVID-19 spreading in the workplace: a practical guide for employers

The following Employment news provides comprehensive and up to date legal information on Reducing the risk of COVID-19 spreading in the workplace: a practical guide for employers

When military security activities are outside of the scope of the Working Time Directive (BK v Republika Slovenija (Ministrstvo za obrambo))

The following Employment news provides comprehensive and up to date legal information on When military security activities are outside of the scope of the Working Time Directive (BK v Republika Slovenija (Ministrstvo za obrambo))

Employment weekly highlights—22 July 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—22 July 2021

Face coverings remain mandatory in employment tribunals in England and Wales

The following Employment news provides comprehensive and up to date legal information on Face coverings remain mandatory in employment tribunals in England and Wales

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

Contractual redundancy payments

Contractual redundancy paymentsAn employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two...

19th May

In-house

Q&As

How are the post-employment notice pay (PENP) provisions applied in circumstances where the employee is (a) on long-term sickness absence and has exhausted his entitlement to sick pay, or (b) has been dismissed summarily without notice?

How are the post-employment notice pay (PENP) provisions applied in circumstances where the employee is (a) on long-term sickness absence and has...

19th May

Practice notes

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...

19th May

COVID-19

In-house

Practice notes

Unfair dismissal time limit

Unfair dismissal time limitThree months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the...

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

The early conciliation requirement

The early conciliation requirementCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

In-house

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

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

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

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

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

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

Practice notes

Calculating pension loss in employment tribunal claims

Calculating pension loss in employment tribunal claimsPension loss will generally only arise in cases where an individual has lost their job and the...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 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

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]...

19th May

Most recent Working time and flexible working content

Practice notes

Coronavirus (COVID-19)—holiday and holiday pay

Coronavirus (COVID-19)—holiday and holiday payThis Practice Note considers issues relating to the right to holiday and holiday pay during the...

23rd Jul

COVID-19

Practice notes

Flexible working

Flexible workingCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay...

23rd Jul

In-house

Q&As

How is holiday leave and pay treated for term-time only staff who take a period of maternity or adoption leave which extends over school holidays?

How is holiday leave and pay treated for term-time only staff who take a period of maternity or adoption leave which extends over school holidays?The...

19th Jul

Practice notes

Working time—goods and passenger vehicle drivers

Working time—goods and passenger vehicle driversCoronavirus (COVID-19): This Practice Note is updated to take account of the temporary relaxation of...

16th Jul

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...

25th Jun

Q&As

Where an employee’s contractual working hours were permanently varied to part time following a flexible working application, if the employee subsequently wishes to have their full-time hours reinstated, would an employer be obliged to agree this request?

Where an employee’s contractual working hours were permanently varied to part time following a flexible working application, if the employee...

24th Jun

Q&As

In what circumstances can an employer refuse an employee’s request to cancel a period of annual leave which was previously agreed by the employer, for example in respect of coronavirus (COVID-19) where the employee has had to cancel or rearrange their travel plans?

In what circumstances can an employer refuse an employee’s request to cancel a period of annual leave which was previously agreed by the employer, for...

24th Jun

COVID-19

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?

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...

6th Jun

Q&As

What is an employer’s potential liability where it has, over a number of years, provided an employee with four weeks’ annual holiday, rather than the 5.6 weeks required by WTR 1998?

What is an employer’s potential liability where it has, over a number of years, provided an employee with four weeks’ annual holiday, rather than the...

6th Jun

Q&As

Can an agency worker bring a claim for working time-related detriment under section 45A of the Employment Rights Act 1996?

Can an agency worker bring a claim for working time-related detriment under section 45A of the Employment Rights Act 1996?The relevant provisions are...

6th Jun

Q&As

Does an agency worker continue to accrue annual leave while they are away from their assignment due to pregnancy or maternity?

Does an agency worker continue to accrue annual leave while they are away from their assignment due to pregnancy or maternity?You have asked: Does an...

6th Jun

Q&As

If an employee’s maternity leave straddles two holiday years, is the employee able to carry over her unused statutory and contractual holiday entitlement from the first holiday year to the following holiday year?

If an employee’s maternity leave straddles two holiday years, is the employee able to carry over her unused statutory and contractual holiday...

6th Jun

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?

Following Harpur Trust v Brazel, if an employer provides full-time workers with contractual holiday entitlement in excess of the 5.6 weeks’ statutory...

5th Jun

Q&As

Where an employee, as part of his in-job training, is required to attend a college course, and one of his college days fall on a bank holiday, is he entitled to a day off in lieu?

Where an employee, as part of his in-job training, is required to attend a college course, and one of his college days fall on a bank holiday, is he...

5th Jun

Q&As

When calculating the holiday pay of a worker whose pay varies from week to week, are weeks in respect of which the worker performs no work and receives sick pay or maternity pay, taken into account for the purposes of the 12-week reference period?

When calculating the holiday pay of a worker whose pay varies from week to week, are weeks in respect of which the worker performs no work and...

5th Jun

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?

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...

5th Jun

Q&As

Following the change in the reference period for holiday pay purposes in the Working Time Regulations 1998, SI 1998/1833, reg 16, with effect from 6 April 2020, do you agree there remains a statutory lacuna in relation to the correct reference period in relation to workers with normal working hours whose normal remuneration varies due to overtime pay, allowances, bonuses, commissions and other similar payments, or does the statutory amendment compel the use of a 52-week reference period in relation to this category of worker? Do you agree the judicial amendment to the Employment Rights Act 1996 for holiday pay purposes in the Bear Scotland case did not compel the use of a 12-week reference period?

Following the change in the reference period for holiday pay purposes in the Working Time Regulations 1998, SI 1998/1833, reg 16, with effect from 6...

5th Jun

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?

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...

5th Jun

Q&As

What are the contractual implications where the contract of employment requires an employee to work more than 50 hours a week, and the employee then wants to opt back into the 48-hour weekly limit? If as a result of opting back in the employer and the employee would need to agree to new terms, and the employee is dismissed following a failure to reach agreement, could this be viewed as a detriment or automatic unfair dismissal?

What are the contractual implications where the contract of employment requires an employee to work more than 50 hours a week, and the employee then...

5th Jun

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?

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...

5th Jun

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Working time and flexible working

View Employment by content type:

Latest Employment News

Reducing the risk of COVID-19 spreading in the workplace: a practical guide for employers

When military security activities are outside of the scope of the Working Time Directive (BK v Republika Slovenija (Ministrstvo za obrambo))

Employment weekly highlights—22 July 2021

Face coverings remain mandatory in employment tribunals in England and Wales

Featured Employment content

Indirect discrimination

Payment in lieu of notice (PILON)

Direct discrimination

Guarantee payments

Most recent Working time and flexible working content

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Enforcing a warrant of control

Tort—the different types of tort

Public inquiry procedure

TCC—preparing for and attending a pre-trial review (PTR)

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