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Latest Employment News

Employment weekly highlights—22 July 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—22 July 2021

Face coverings remain mandatory in employment tribunals in England and Wales

The following Employment news provides comprehensive and up to date legal information on Face coverings remain mandatory in employment tribunals in England and Wales

The rules permit written reasons to be given later than, and separate from, a written judgment (Shaw v Intellectual Property Office)

The following Employment news provides comprehensive and up to date legal information on The rules permit written reasons to be given later than, and separate from, a written judgment (Shaw v Intellectual Property Office)

Whether workplace rules banning visible signs of political, ideological or religious beliefs comply with EU law (IX v WABE, MH Müller Handels v MJ)

The following Employment news provides comprehensive and up to date legal information on Whether workplace rules banning visible signs of political, ideological or religious beliefs comply with EU law (IX v WABE, MH Müller Handels v MJ)

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...

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...

Protective awards

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

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...

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

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

Unfair dismissal remedies—general

Unfair dismissal remedies—generalCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020...

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

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

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

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

Q&As

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer calculate holiday entitlement, and how should the employer treat bank holidays if they fall on a day when the ‘compressed hours’ employee does not usually work?

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer...

19th May

Practice notes

Time off work for antenatal appointments

Time off work for antenatal appointmentsAn employer or, where applicable, a temporary work agency or hirer, cannot unreasonably refuse to allow a...

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

Practice notes

Applicable law—which system of law applies to the contract or employment relationship

Applicable law—which system of law applies to the contract or employment relationshipThis Practice Note examines how to determine which system of law...

Produced in partnership with Edward Kemp of Littleton Chambers 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

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 Recruitment content

Practice notes

Right to work checks: lists A and B

Right to work checks: lists A and BThis Practice Note provides commentary on the documents that an employer may accept when undertaking a manual right...

Produced in partnership with Duncan Bain of Bower Bailey 19th Jul

Practice notes

Right to work checks: how to conduct the check

Right to work checks: how to conduct the checkThis Practice Note looks at what employers need to do in order to carry out a ‘right to work check’...

Produced in partnership with Duncan Bain of Bower Bailey 19th Jul

Practice notes

Right to work checks: when and why

Right to work checks: when and whyThis Practice Note looks at why employers need to carry out ‘right to work’ checks and when such checks should be...

Produced in partnership with Duncan Bain of Bower Bailey 19th Jul

Practice notes

Pre-employment checks

Pre-employment checksThis Practice Notes summarises the pre-employment checks that a prospective employer should consider, and the main issues...

12th Jul

Practice notes

Criminal records—asking questions and DBS checks

Criminal records—asking questions and DBS checksFORTHCOMING CHANGE: Under proposals, announced on 16 September 2020, to reduce the time it takes for...

8th Jul

Precedents

Letter—employee offer letter

Letter—employee offer letter[Subject to contract]Dear [insert name of employee]Following [insert details, eg your successful interview on [insert...

7th Jul

In-house

Precedents

Clauses—criminal record disclosure and DBS checks

Clauses—criminal record disclosure and DBS checks1Criminal record disclosure and DBS checksThe position for which you are being [employed OR offered...

7th Jul

Precedents

Policy—criminal records information

Policy—criminal records information1Introduction1.1This policy supplements the Company’s [data protection policy (employment)].1.2This document sets...

7th 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...

7th Jul

Q&As

Where, during recruitment, the employer processes personal data relating to an applicant’s criminal convictions or offences, is the requirement in Data Protection Act 2018, Sch 1 Pt 2, para 12(1)(b) (that, in the circumstances, the controller cannot reasonably be expected to obtain the consent of the data subject to the processing) met, given the imbalance of power between employer and employee?

Where, during recruitment, the employer processes personal data relating to an applicant’s criminal convictions or offences, is the requirement in...

7th Jul

Q&As

On a relevant transfer under TUPE 2006, can the transferee rely on a DBS check issued to the transferor within the six months prior to the transfer?

On a relevant transfer under TUPE 2006, can the transferee rely on a DBS check issued to the transferor within the six months prior to the...

7th Jul

Q&As

Is an employer entitled to retain a copy of an employee's DBS certificate and, if so, for how long?

Is an employer entitled to retain a copy of an employee's DBS certificate and, if so, for how long?Information as to any offence a data subject has...

7th Jul

Practice notes

Recruitment and selection—data protection issues

Recruitment and selection—data protection issuesFrom IP completion day (11pm on 31 December 2020), Regulation (EU) 2016/679, General Data Protection...

7th Jul

Q&As

Could an employer's policy of only offering fixed-term contracts to applicants who are not entitled to permanently reside in the UK potentially amount to direct or indirect discrimination on the grounds of race?

Could an employer's policy of only offering fixed-term contracts to applicants who are not entitled to permanently reside in the UK potentially amount...

6th Jul

Practice notes

Job description and person specification

Job description and person specificationThis Practice Note examines the importance of drawing up a job description and person specification as part of...

2nd Jul

Precedents

Letter—advice to employer client on recruitment process

Letter—advice to employer client on recruitment processIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

25th Jun

Precedents

Equal opportunities monitoring form

Equal opportunities monitoring formIn accordance with our [equality policy], we are fully committed to providing equal opportunities for all...

25th Jun

Practice notes

Advertising and other recruitment methods

Advertising and other recruitment methodsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...

25th Jun

Practice notes

References

ReferencesUPDATE: A consultation as to whether it should be mandatory for employers to provide references for all their former employees was announced...

25th Jun

Practice notes

Recruiting from a competitor—issues for employers

Recruiting from a competitor—issues for employersThis Practice Note examines the legal and practical issues that may arise when an employer (referred...

25th Jun

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Recruitment

View Employment by content type:

Latest Employment News

Employment weekly highlights—22 July 2021

Face coverings remain mandatory in employment tribunals in England and Wales

The rules permit written reasons to be given later than, and separate from, a written judgment (Shaw v Intellectual Property Office)

Whether workplace rules banning visible signs of political, ideological or religious beliefs comply with EU law (IX v WABE, MH Müller Handels v MJ)

Featured Employment content

Direct discrimination

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?

Protective awards

Checklist—immigration-related requirements on a TUPE transfer

Most recent Recruitment content

Popular documents

Liquidated damages in construction contracts

Fraud by false representation

Indirect discrimination

Stay of proceedings—when can you apply to stay a claim?

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