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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

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...

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

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

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

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

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...

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

No response, rejected response or claim not contested: employment tribunals

No response, rejected response or claim not contested: employment tribunalsCoronavirus (COVID-19): All proceedings in employment tribunals in England,...

19th May

Practice notes

Smoking in the workplace

Smoking in the workplaceProviding a smoke-free workplace (in enclosed or substantially enclosed premises) has been obligatory in England since 1 July...

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

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

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

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

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

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...

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

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 Employment contract content

Practice notes

Hybrid working

Hybrid workingUPDATE (28/7/21): The Advisory, Conciliation and Arbitration Service (Acas) announced on 13 July that it has published new advice for...

4th Aug

Precedents

Clause—repayment of immigration fees

Clause—repayment of immigration fees1Repayment of immigration fees1.1In order to enable you to be lawfully employed in the UK, we agreed to pay the...

3rd Aug

Practice notes

Bonus schemes

Bonus schemesBonuses can be a very effective tool to motivate and retain employees while allowing businesses to control wage costs. In certain sectors...

3rd 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

If an employee becomes ill during a period of pre-arranged unpaid leave, are they entitled to receive statutory sick pay (SSP)?

If an employee becomes ill during a period of pre-arranged unpaid leave, are they entitled to receive statutory sick pay (SSP)?An employee's contract...

1st Aug

Q&As

What is the position of an employee with two contracts of employment with the same employer, each with a different commencement date, as to (a) a statutory redundancy payment and (b) the right to claim unfair dismissal, where the employer terminates one, but not both, of the contracts?

What is the position of an employee with two contracts of employment with the same employer, each with a different commencement date, as to (a) a...

1st Aug

Q&As

Can an employment contract state more than one company as an individual's employer and are joint contracts legal?

Can an employment contract state more than one company as an individual's employer and are joint contracts legal?There is nothing to prevent someone...

1st Aug

Q&As

Would it be lawful (and reasonable) for a contract of employment to make payment of salary conditional upon the employee fulfilling their obligations and duties under the contract?

Would it be lawful (and reasonable) for a contract of employment to make payment of salary conditional upon the employee fulfilling their obligations...

1st Aug

Q&As

Is conduct of a non-employee minority shareholder towards a company director capable of amounting to a breach of the implied term of trust and confidence and/or the constructive dismissal of the company director?

Is conduct of a non-employee minority shareholder towards a company director capable of amounting to a breach of the implied term of trust and...

1st Aug

Q&As

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

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

1st Aug

Q&As

If a Permanent Health Insurance provider considers that an individual who has been receiving benefits under a PHI scheme is fit to return to work and therefore withdraws benefits, but the individual may appeal that decision, does the implied contractual term that the employer will not terminate the contract while the employee is incapacitated from work prevent the employer from terminating the employment until the appeal has been heard?

If a Permanent Health Insurance provider considers that an individual who has been receiving benefits under a PHI scheme is fit to return to work and...

1st Aug

Q&As

If an employer terminates an employee's contract by giving pay in lieu of notice and asks him to return his company car, how should the pay in lieu be calculated for the loss of the car for his notice period?

If an employer terminates an employee's contract by giving pay in lieu of notice and asks him to return his company car, how should the pay in lieu be...

1st Aug

Q&As

Where two parties dispute who is the employer of a seconded employee, how may the dispute be resolved and what issues will be relevant?

Where two parties dispute who is the employer of a seconded employee, how may the dispute be resolved and what issues will be relevant?The usual...

1st Aug

Q&As

Where an employee has travelled abroad for work, are they entitled to be paid for time spent in transit and resting, and if so a) should they be paid at their normal rate of pay, or at an overtime rate for those hours, or b) can an employer require them to take time off in lieu rather than pay them for those hours? How do the provisions of national minimum wage legislation impact on the employee’s entitlement to pay for such time?

Where an employee has travelled abroad for work, are they entitled to be paid for time spent in transit and resting, and if so a) should they be paid...

1st Aug

Q&As

Where (a) there is a change of employer in respect of a few employees from one group company to another that does not amount to a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, (b) the employees understand the reasons for and agree to the change, and (c) there will be no other change to their terms and conditions of employment, would a letter confirming the change of employer suffice? Are there any other employment law implications to take into account?

Where (a) there is a change of employer in respect of a few employees from one group company to another that does not amount to a relevant transfer...

1st Aug

Q&As

Where an employee is about to return from a career break and their original role no longer exists, is an employer obliged first to implement a fair selection process before dismissing them, rather than simply assume that they are redundant because their role is redundant, and if they are selected for redundancy because they have had a career break, is such dismissal indirectly discriminatory on grounds of sex if the employee is female?

Where an employee is about to return from a career break and their original role no longer exists, is an employer obliged first to implement a fair...

1st Aug

Q&As

Where a confidentiality obligation in an employee’s contract of employment is made subject to a whistleblowing carve-out, to what extent will the confidentiality restriction be enforceable against the employee post-employment if they disclose confidential information that would otherwise be required to be disclosed by law?

Where a confidentiality obligation in an employee’s contract of employment is made subject to a whistleblowing carve-out, to what extent will the...

Produced in partnership with Peter Edwards of Devereux Chambers 1st Aug

Q&As

If an employee completes one level of an apprenticeship with an employer, then begins the next level under a new apprenticeship contract, can the employer pay the apprentice at the national minimum wage rate for apprentices for the first 12 months of the second contract?

If an employee completes one level of an apprenticeship with an employer, then begins the next level under a new apprenticeship contract, can the...

1st Aug

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...

1st Aug

Q&As

Where the employee has to pay to park on the employer’s premises, if the employer makes a deduction from the employee’s wages in respect of those parking charges, what is the effect of the exclusion in ERA 1996, s 27(2)(b)?

Where the employee has to pay to park on the employer’s premises, if the employer makes a deduction from the employee’s wages in respect of those...

1st Aug

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Employment contract

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

Indirect discrimination

Payment in lieu of notice (PILON)

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 Employment contract content

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