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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

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...

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...

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...

Precedents

Claimant’s schedule of loss—unfair dismissal

In the employment tribunalsCase no: [Insert case number]Between:[insert name of claimant]Claimantand[insert name of respondent]RespondentClaimant's...

19th May

Practice notes

Protective awards

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

19th May

In-house

Practice notes

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...

Produced in partnership with Jennifer Featherstone of Shoosmiths 19th May

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...

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

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

Qualifying period for unfair dismissal

Qualifying period for unfair dismissalFor employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed...

19th May

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

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

Calculators on Lexis®PSL Employment

Calculators on Lexis®PSL EmploymentThis Practice Note explains and summarises the suite of calculators designed specifically to assist employment...

19th May

Practice notes

Disclosure in employment tribunal proceedings

Disclosure in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

Practice notes

Effective date of termination

Effective date of terminationWhere a qualifying period of employment is required to bring an unfair dismissal claim (see Practice Note: Entitlement to...

19th May

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

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...

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

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 Starting employment content

Q&As

Where a post-termination restriction has been agreed to in a document that is separate to the main employment contract, and the employer is in breach of an express term of the main employment contract, will such a breach by the employer affect the enforceability of the post-termination restriction?

Where a post-termination restriction has been agreed to in a document that is separate to the main employment contract, and the employer is in breach...

31st Jul

Q&As

When will a consultant be a processor for the purposes of Regulation (EU) 2016/679, the GDPR?

When will a consultant be a processor for the purposes of Regulation (EU) 2016/679, the GDPR?For further information, see the sections in Practice...

31st Jul

Q&As

Where an existing director is being asked to enter into a new service agreement, how should the date of commencement and date of commencement of continuous employment be dealt with in the new service agreement, and is it usual to include another probationary period?

Where an existing director is being asked to enter into a new service agreement, how should the date of commencement and date of commencement of...

31st Jul

Q&As

In the absence of an express contractual provision or policy, is the employer required to reimburse the employee for work-related expenses incurred by them?

In the absence of an express contractual provision or policy, is the employer required to reimburse the employee for work-related expenses incurred by...

31st Jul

Q&As

Is a Tier 2 sponsor under any obligation under immigration or employment law to issue a new certificate of sponsorship to a sponsored employee to enable them to apply for an extension to their Tier 2 visa?

Is a Tier 2 sponsor under any obligation under immigration or employment law to issue a new certificate of sponsorship to a sponsored employee to...

Produced in partnership with Bilal Ehsan of Latitude Law 31st Jul

Q&As

How do you determine a term-time worker’s pay entitlement when the pro rata payment formula is not set out in the contract of employment?

How do you determine a term-time worker’s pay entitlement when the pro rata payment formula is not set out in the contract of employment?A contract is...

31st Jul

Q&As

Can an employer make deductions under a contractual debt repayment provision in respect of relocation costs paid for an employee?

Can an employer make deductions under a contractual debt repayment provision in respect of relocation costs paid for an employee?Under section 13 of...

31st Jul

Q&As

Will dismissal because of a spent caution be deemed automatically unfair?

Will dismissal because of a spent caution be deemed automatically unfair?Employers are not generally entitled to full disclosure of previous...

31st Jul

Practice notes

Securing intellectual property rights from employees and contractors

Securing intellectual property rights from employees and contractorsValuable IP rights will be created on a day-to-day basis for businesses by their...

Produced in partnership with Nichola Jenkins of Shoosmiths 31st Jul

In-house

Q&As

Are assignment clauses in employment contracts transferring all present and future IP rights to an employer valid?

Are assignment clauses in employment contracts transferring all present and future IP rights to an employer valid?Ownership positionBy operation of...

31st Jul

Q&As

In relation to an agency worker who has been placed with an end-user client since November 2017, and who applied for a job with, and was given a conditional offer of employment by, the end-user client, is there any risk to that end-user client if they were now to decide to withdraw their offer of employment, eg could the agency worker in any event be regarded an employee of the end-user despite the terms of the arrangement with the agency stipulating that they are not, or could the end-user be otherwise contractually bound by their offer?

In relation to an agency worker who has been placed with an end-user client since November 2017, and who applied for a job with, and was given a...

31st Jul

Q&As

Can an employer simply confirm in writing that an employee is getting a pay rise and leave it to them to work out the amount from their pay slip?

Can an employer simply confirm in writing that an employee is getting a pay rise and leave it to them to work out the amount from their pay slip?Under...

31st Jul

Q&As

If employees have been working from home during the coronavirus (COVID-19) pandemic, can they argue that, through custom and practice, it has become a term of their contract of employment that they are entitled to work from home on a permanent basis?

If employees have been working from home during the coronavirus (COVID-19) pandemic, can they argue that, through custom and practice, it has become a...

31st Jul

Q&As

A company is considering entering into a joint contract of employment with another company, so that the employees are jointly employed by both companies as joint employers. At present, the employees are employed by only one of those companies. Will this give rise to a TUPE transfer, or is this simply a change to the employees’ terms and conditions? Should one of the companies decide that it no longer wishes to be a joint employer in the future and the employees move back to being solely employed by one of the companies, will this give risk to a TUPE transfer, or is this simply a further change to the employees’ terms and conditions?

A company is considering entering into a joint contract of employment with another company, so that the employees are jointly employed by both...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

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?

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...

31st Jul

Q&As

Can the transferee change the place of work of the transferring employees after a TUPE transfer?

Can the transferee change the place of work of the transferring employees after a TUPE transfer?In this scenario, the transferee will need to...

31st Jul

Q&As

Where the employee has more than one employer, are separate agreements in respect of each employer required to opt out of the maximum average 48-hour working week?

Where the employee has more than one employer, are separate agreements in respect of each employer required to opt out of the maximum average 48-hour...

31st Jul

Q&As

Are any terms implied in a consultancy agreement, where the consultant is providing services on a self-employed basis?

Are any terms implied in a consultancy agreement, where the consultant is providing services on a self-employed basis?Where an individual is providing...

31st Jul

Q&As

Can an employer make it a term of the employment contract that the employee will repay training costs if they leave the employment within a certain period?

Can an employer make it a term of the employment contract that the employee will repay training costs if they leave the employment within a certain...

31st Jul

Q&As

Where an employee returns to work after taking a career break, and their original job (or an alternative role) is not available, would they be entitled to a redundancy payment on dismissal, or could the dismissal be for ‘any other substantial reason’ (assuming that the employee’s contract of employment continued throughout their career break, and that the employer did not guarantee them a role on their return)?

Where an employee returns to work after taking a career break, and their original job (or an alternative role) is not available, would they be...

31st Jul

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Starting employment

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

Direct discrimination

Guarantee payments

Contractual redundancy payments

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?

Most recent Starting employment content

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