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Latest Employment News

Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

The following Employment news provides comprehensive and up to date legal information on Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

Employment weekly highlights—29 July 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—29 July 2021

Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The following Employment news provides comprehensive and up to date legal information on Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The tax implications of hybrid working arrangements

The following Employment news provides comprehensive and up to date legal information on The tax implications of hybrid working arrangements

Featured Employment content

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss applicationThe automated unfair dismissal schedule of loss is designed to make the...

Protective awards

Protective awardsThis Practice Note examines claims for protective awards following an employer’s failure to carry out collective redundancy...

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...

Checklist—immigration-related requirements on a TUPE transfer

This Checklist gives an overview of the immigration matters that should be considered on a relevant transfer under the Transfer of...

Practice notes

Place of work and mobility clauses

Place of work and mobility clausesThe written statement of particulars of employment issued to a worker to comply with section 1 of the Employment...

19th May

Practice notes

Preliminary hearings in the employment tribunal

Preliminary hearings in the employment tribunalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during...

19th May

Practice notes

Discrimination arising from disability

Discrimination arising from disabilityThis Practice Note covers an Equality Act 2010 provision which had no equivalent under the law which applied...

19th May

Practice notes

Wrongful dismissal compensation

Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment...

19th May

Practice notes

Interim relief in unfair dismissal

Interim relief in unfair dismissalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

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

Statutory minimum notice

Statutory minimum noticeSection 86 of the Employment Rights Act 1996 (ERA 1996) provides for a statutory minimum period of notice that must be given...

19th May

In-house

Practice notes

Redundancy—fair procedure: individual consultation

Redundancy—fair procedure: individual consultationWhere there is no statutory obligation to consult with any existing employee representatives (see...

19th May

In-house

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

Early judicial assessment of employment tribunal cases

Early judicial assessment of employment tribunal casesCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland...

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

Dealing with stress and mental ill health in the workplace

Dealing with stress and mental ill health in the workplaceThe Health and Safety Executive (HSE) defines stress as ‘the adverse reaction people have to...

19th May

COVID-19

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...

19th May

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

Most recent Q&As, weekly highlights, forthcoming developments content

Q&As

Can a non-UK incorporated company have a UK taxable presence if it has an employee operating in the UK?

Can a non-UK incorporated company have a UK taxable presence if it has an employee operating in the UK?Whether a single employee working in the UK for...

1st Aug

Q&As

What is retained EU law?

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...

Produced in partnership with Mathias Cheung of Atkin Chambers 1st Aug

Brexit

Q&As

To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not bound, in what circumstances may they still have regard to it?

To what extent are UK courts and tribunals bound by domestic and EU case law on Brussels I (recast) decided before/after IP completion day? If not...

1st Aug

Q&As

How are settlement payments treated for tax and NICs purposes?

How are settlement payments treated for tax and NICs purposes?The taxation of termination payments underwent a substantial reform earlier this year,...

1st Aug

Q&As

With the current situation regarding coronavirus (Covid-19), how can employers who usually provide itemised pay statements in person (eg with no online portal) meet their section 8 Employment Rights Act 1996 obligations to provide pay statements to employees on or before pay day in the event that their work is shut down or staff are required to work from home?

With the current situation regarding coronavirus (Covid-19), how can employers who usually provide itemised pay statements in person (eg with no...

1st Aug

COVID-19

Q&As

What is prorogation of Parliament?

What is prorogation of Parliament?What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary session without the...

1st Aug

Brexit

Q&As

What are the PAYE and NICs implications of a TUPE transfer?

What are the PAYE and NICs implications of a TUPE transfer?When employees are transferred to a new business pursuant to a TUPE transfer, there will be...

1st Aug

Q&As

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived domestic legislation which implements an EU Directive, are UK courts and tribunals bound or permitted to have regard to EU case law on that Directive even though the Directive itself is not retained?

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived...

1st Aug

Q&As

How is prorogation of Parliament relevant to Brexit?

How is prorogation of Parliament relevant to Brexit?What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary...

1st Aug

Brexit

Q&As

Where a worker has taken more than their accrued holiday entitlement on the date they leave employment, is an employer permitted to recover the excess holiday pay from the worker in the absence of a contractual provision allowing them to do so?

Where a worker has taken more than their accrued holiday entitlement on the date they leave employment, is an employer permitted to recover the excess...

1st Aug

Q&As

Can a COT3 Acas-conciliated agreement be used to prevent a data subject from exercising their right to make a data subject access request?

Can a COT3 Acas-conciliated agreement be used to prevent a data subject from exercising their right to make a data subject access request?An...

1st Aug

Q&As

If an employee’s pay has been deducted in respect of strike days at a rate of 1/260 rather than 1/365 of annual salary, is the employer required to reimburse them?

If an employee’s pay has been deducted in respect of strike days at a rate of 1/260 rather than 1/365 of annual salary, is the employer required to...

1st Aug

Q&As

Where a settlement sum is to be paid by a company based abroad, what safeguards should be built in to the settlement to protect the employee?

Where a settlement sum is to be paid by a company based abroad, what safeguards should be built in to the settlement to protect the employee?When it...

1st Aug

Q&As

When it comes to protection against detriment for taking part in trade union activities under the section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA 1992), what type of activities are defined as ‘trade union activities’, and will trade union activities that have been held to fall within the scope of the protection against unfair dismissal under TULCRA 1992, s 152(1)(b) also be protected in the context of a s 146 detriment claim?

When it comes to protection against detriment for taking part in trade union activities under the section 146(1)(b) of the Trade Union and Labour...

1st Aug

Q&As

Can a claim for unlawful deduction from wages be brought in respect of unpaid permanent health insurance or income protection payments? If not, can a breach of contract claim be brought instead?

Can a claim for unlawful deduction from wages be brought in respect of unpaid permanent health insurance or income protection payments? If not, can a...

1st Aug

Q&As

If the outcome of misconduct proceedings against an employee is demotion, but the employee refuses to take any of the available downgraded roles offered to them and is dismissed, what is the reason for dismissal?

If the outcome of misconduct proceedings against an employee is demotion, but the employee refuses to take any of the available downgraded roles...

1st Aug

Q&As

When does the period of continuous employment start for an unfair dismissal claim where the employee began employment abroad with a foreign company but later transferred to the UK to work for a subsidiary?

When does the period of continuous employment start for an unfair dismissal claim where the employee began employment abroad with a foreign company...

1st Aug

Q&As

Where an employee has been given three months’ notice of termination and placed on garden leave, in circumstances where he considers his dismissal to be unfair, can he present his unfair dismissal claim now or does he have to wait until his employment terminates?

Where an employee has been given three months’ notice of termination and placed on garden leave, in circumstances where he considers his dismissal to...

1st Aug

Q&As

What is the effect of accepting a redundancy payment when an outsourced service comes to an end? Are affected employees unable to assert that they transfer under TUPE 2006 to a new service provider who resumes the service some time later?

What is the effect of accepting a redundancy payment when an outsourced service comes to an end? Are affected employees unable to assert that they...

1st Aug

Q&As

Can an employer ask a job applicant to give details of their criminal records history at the interview stage? Is it lawful for the employer to have a policy of refusing to employ, in any role, any individual who has received a criminal conviction or caution within the previous six months?

Can an employer ask a job applicant to give details of their criminal records history at the interview stage? Is it lawful for the employer to have a...

1st Aug

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Q&As, weekly highlights, forthcoming developments

View Employment by content type:

Latest Employment News

Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

Employment weekly highlights—29 July 2021

Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The tax implications of hybrid working arrangements

Featured Employment content

Guide to using the Lexis®PSL Employment Schedule of Loss application

Protective awards

The term of trust and confidence

Checklist—immigration-related requirements on a TUPE transfer

Most recent Q&As, weekly highlights, forthcoming developments content

Popular documents

Pension commencement lump sums (PCLSs)

Pre-action disclosure—the application

False imprisonment

Contract interpretation—express terms in contracts

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