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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

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),...

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....

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...

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

Practice notes

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

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

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

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

The basic award

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

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

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

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 Policies, handbooks and other documents content

Precedents

Policy—regulatory references

1Introduction1.1The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) (together the ‘Regulators’) have implemented rules...

Produced in partnership with Simon Morris, Partner and Gillian MacLellan, Partner of CMS 13th Apr

Practice notes

Smoking in the workplace

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Precedents

Terms and conditions for supply of temporary staff by an employment business

STOP PRESS: From 6 April 2021, the IR35 regime applicable to off-payroll working, which has applied since 2017 to public sector entities, is extended...

9th Apr

In-house

Practice notes

Religious observance and festivals—practical tips for employers

This Practice Note looks at the issues surrounding religious observance and festivals. It considers the main religious festivals and the issues that...

9th Apr

Practice notes

Policy documents in employment

Policies are similar to guidelines: they are statements of usual practice, and of good practice, but they are not statements of universal practice. It...

9th Apr

In-house

Practice notes

Social media—employment issues

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Redundancy policies

This Practice Note highlights the issues for an employer to consider in relation to a redundancy policy, such as whether to have a formal policy at...

9th Apr

Practice notes

Dress codes

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Adverse weather and travel disruption

Severe weather and the resultant travel chaos or travel disruption caused by industrial action or major incidents can affect employees’ ability to get...

9th Apr

Precedents

Policy—training and development

1Introduction1.1The Company is committed to lifelong learning and encourages all its employees to improve their skills and qualifications and develop...

7th Apr

Precedents

Policy—holiday

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

7th Apr

Precedents

Code of conduct and disciplinary and dismissal procedure

1Introduction1.1The Code of Conduct and the Disciplinary Procedure set out below are designed to ensure that all employees of the Company are treated...

7th Apr

Precedents

Agreement—education and training costs

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

7th Apr

Precedents

Grievance procedure (short form)

1Purpose and scope of the procedure1.1Grievances are concerns, problems or complaints that employees raise with their employers.1.2Where appropriate,...

7th Apr

Precedents

Grievance procedure

1Purpose and scope of the procedure1.1Grievances are concerns, problems or complaints that employees raise with their employers. Grievances may relate...

7th Apr

Precedents

Policy—time off work for study and training

1Introduction1.1The Company is committed to training and developing the skills of its staff to assist the business and its objectives.1.2This document...

7th Apr

Precedents

Code of conduct and disciplinary and dismissal procedure (short form)

1Purpose and scope of the procedure1.1The code of conduct and disciplinary procedure set out below are designed to ensure that all employees of the...

7th Apr

Practice notes

Employee handbooks

Certain aspects of the employment relationship have to be covered by a written statement of particulars of employment that is given to the employee...

7th Apr

In-house

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

7th Apr

Practice notes

General requirements for discipline and grievance procedures

Coronavirus (COVID-19): Issues relating to handling disciplinary and grievance matters during the coronavirus (COVID-19) pandemic are considered in...

7th Apr