The following Employment practice note provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.
This Practice Note considers the particular defences and exceptions that may apply in prohibited conduct claims (discrimination claims).
Except where stated, defences and exceptions outlined below apply in relation to all protected characteristics.
This Practice Note also covers certain exceptions that are restricted to one or two specific types of discrimination: where this is the case, that restriction is made clear.
References to 'prohibited conduct claims' in this Practice Note refer to claims made in the employment tribunal relating to one or more protected characteristics which complain of any of the following forms of conduct prohibited under EqA 2010:
Discrimination arising from disability
gender reassignment discrimination: cases of absence from work
pregnancy and maternity discrimination
failure to make reasonable adjustments
Employment tribunals still have jurisdiction to hear a prohibited conduct claim even though the claimant's
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The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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