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Latest Employment News

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)

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)

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)

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—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

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

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

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...

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

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

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 Q&As, weekly highlights, forthcoming developments content

Q&As

Where it is not practicable by reason of redundancy for an employer to continue to employ an employee returning from maternity leave under her existing contract of employment, and the employer is required to offer the employee any suitable alternative vacancy that exists, is the employer required to consider terminating the contract of a self-employed worker carrying out the same role as the returning employee and offering her that role either on self-employed terms or as an employee?

Redundancy is a potentially fair reason for dismissal.For these purposes, an employee is dismissed by reason of redundancy if their dismissal is...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Apr

Q&As

With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work life mean for the ownership of ‘creative’ works? In these circumstances, how can tech and media companies protect their interests in their employment contracts?

With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work...

Produced in partnership with Dr Catherine Cotter of Slaughter and May 14th Apr

Practice notes

Case tracker—Employment

The Lexis®PSL Employment case tracker is produced in collaboration with Gowling WLG.For comprehensive coverage of cases relating to employment taxes...

13th Apr

In-house

Q&As

Where an employee has been medically suspended from work, how does an employer calculate their rate of pay if they are working on a zero hours contract, and for how long would the suspension last?

An employer may suspend an employee from work on medical grounds in certain circumstances. Such suspensions must be in consequence of a requirement...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Apr

Practice notes

The Trade Union Act 2016

The Trade Union Act 2016 (TUA 2016) includes a number of significant and controversial changes to the legal landscape affecting trade unions and...

9th Apr

Q&As

Is there an obligation under the Senior Managers and Certification Regime (SM&CR) for senior managers to undergo either standard or enhanced criminal records or DBS checks?

As set out in Practice Note: SM&CR—essentials for banks and PRA-designated investment firms, the Financial Conduct Authority (FCA) and Prudential...

8th Apr

Q&As

What action can an employer take against an employee who refuses to return to work in the workplace because they are frightened of catching coronavirus (COVID-19)?

This Q&A assumes that the third national lockdown that applies from 6 January 2021, applies.For further information, see:•The Cabinet Office guidance:...

8th Apr

Practice notes

Legislation tracker—Employment

The legislation tracker is divided into three sections:•Forthcoming legislation (not Brexit-related or Coronavirus (COVID–19)-related)•Private...

8th Apr

In-house

Q&As

What is the impact of Brexit on international transfers of personal data?

This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection...

8th Apr

Brexit

Q&As

What is retained EU law?

Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law after Brexit. It is a...

Produced in partnership with Mathias Cheung of Atkin Chambers 8th Apr

Brexit

Q&As

Are police officers entitled to a written statement of employment particulars under section 1 of the Employment Rights Act 1996?

For information on the right to a written statement of employment particulars generally, see Practice Note: Written statements of employment...

7th Apr

Q&As

An employee has a contract of employment that provides for 23 days' holiday plus bank holidays. If the employer were to introduce a new holiday policy which increases the holiday entitlement of those with long service, is the employer required to write to each individual employee setting out the new holiday provisions and the changes to their holiday entitlement?

This response assumes that the only change introduced by the new holiday policy is to increase the holiday entitlement of those with long service, and...

7th Apr

Q&As

If an employment contract requires notice of termination ‘in writing’ but does not define what this means, would notice by email constitute effective service? Can an employee argue that notice of termination has not been effectively given if it is served by a method not expressly set out in the contract?

You have asked: If an employment contract requires notice of termination ‘in writing’ but does not define what this means, would notice by email...

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...

7th Apr

Q&As

Are there any specific considerations or inclusions when drafting a dual, or joint, employment contract between an employee and two employers?

While there is nothing to prevent someone from being employed by two or more individuals or entities at the same time, when drawing up the terms of...

7th Apr

Q&As

On a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, if the transferee wishes to carry out pre-transfer redundancy consultation but there are fewer than 20 proposed redundancies, does the employer have to carry out a collective consultation?

Where an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, it has statutory obligations...

7th Apr

Q&As

Given the changes to the requirement to provide a written statement of employment particulars from 6 April 2020, does the employer need to state that its discipline and grievance procedures will apply to workers? If an individual is subject to the employer’s discipline and grievance procedures, is this likely to affect their worker status?

Consideration should be given to the following:•the right to a written statement of employment particulars•the right to be accompanied•the application...

7th Apr

Q&As

If an individual who has a visa as a dependent spouse of a sponsored migrant informs their employer that their spouse’s sponsor failed to renew their sponsor licence, but their and their spouse’s leave has not yet been cancelled, will they still have a right to work; and what risks are there for the employer?

The Practice Note: Conditions of permission to enter or stay in the UK confirms that people granted permission to enter or stay in the UK for a...

6th Apr

Q&As

What are the eligibility requirements for statutory paternity leave and statutory paternity pay (SPP) in relation to casual workers? If a casual worker is entitled to SPP but not statutory paternity leave, in what circumstances would the worker be able to claim SPP?

The term ‘casual worker’ is not defined in employment law. It is usually taken to mean someone engaged on a casual, as required, ad hoc basis, to meet...

30th Mar

Q&As

What is the position where an employee occupies property as part of their employment but there is no written agreement and the written contract of employment is silent on the matter?

An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those...

26th Mar