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NEWS
This edition of Employment weekly highlights includes: (1) the latest House of Lords vote on the Employment Rights Bill, (2) launch of a government consultation on a draft statutory code of practice for electronic and workplace balloting in trade union ballots, (3) publication of terms of reference for the government review of employment rights for unpaid carers, (4) a Court of Appeal decision concluding that an employee can pursue vicarious liability claim for whistleblowing detriment dismissal against employer for now, (5) the December 2025 edition of the Industrial Relations Law Reports (IRLR), (6) dates for your diary, and (7) other news items of interest to employment practitioners.
NEWS
This week’s edition of Employment weekly highlights includes: (1) research from Law360 into the gender pay gap in bonuses and partner pay, (2) an EAT decision dismissing a whistleblowing appeal despite errors in the employment tribunal’s reasoning, (3) a News Analysis written by Bryony Long, partner and co-head, and Zahra Laher, knowledge lawyer, at Lewis Silkin, considering the key changes to data protection and ePrivacy law which will come about as a result of the Data (Use and Access) Act 2025, (4) new legislation amending the list of prescribed persons to whom a disclosure may be made in Northern Ireland, (5) an EAT decision remitting an ET decision for bias following recusal by the employment judge, (6) dates for your diary and (7) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) analysis of an EAT judgment concerning the new rule 37(5) of the amended EAT Rules, (2) the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2024, (3) the HM Courts and Tribunals Service decision to extend its timeline for court reform to March 2025, (4) an update on the progress of the Platform Work Directive, (5) an EAT decision that there was territorial jurisdiction to hear claims from a claimant who worked on a super-yacht who lived in Aberdeen but whose ‘tours of duty’ started outside Great Britain, (6) a new Statement of Changes in Immigration Rules HC 590 and Explanatory Memorandum, (7) Agricultural Wages (Wales) Order 2024, (8) The Income Tax (Pay As You Earn) (Amendment) (No. 2) Regulations 2024, (9) the Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024, (10) Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024, (11) the HMRC consultation on draft legislation to collect additional data from businesses, (12) analysis by Philip Wood at Browne Jacobson of a decision by the Upper Tribunal (Administrative Appeals Chamber) on amendments to the Equality Act 2010 (EqA 2010) that apply to schools, specifically in relation to the duty to make reasonable adjustments for disabled pupils, (13) an EAT decision that offering a disabled employee a trial in a different role could be a reasonable adjustment, (14) an EAT decision upholding findings of automatically unfair dismissal and detriment relating to health and safety concerns about COVID-19, (15) analysis by Marija Nonkovic at Kemp IT Law of a Court of Appeal decision concerning the drafting and breadth of restrictive covenants, (16) the publication by the Department of Business and Trade of responses to its review of non-financial reporting, (17) the IRLR Highlights for April 2024, (18) dates for your diary, and (19) updates to our legislation and consultation trackers and to our horizon scanner.
NEWS
This edition of Employment weekly highlights includes: (1) a Home Office update to the rules on right to work checks, (2) a Court of Appeal decision affirming the armed forces exclusion from disability discrimination protections under the Equality Act 2010, (3) regulations amending the framework for goods vehicle testing, drivers’ hours and tachographs, (4) a warning from the Information Commissioner’s Office over changes to the data protection complaints process from 19 June 2026, (5) a planned HMCTS Employment Tribunal online services upgrade closure, (6) new Practice Note on probationary periods and reform of the Senior Managers & Certification Regime and a new Precedent trade union access agreement, (7) dates for your diary, and (8) other updates and resources of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) analysis from Darshan Patel of Old Square Chambers, Nicholas Chronias of DAC Beachcroft LLP, and James Wynne of Littleton Chambers of a Supreme Court decision on ‘check-off arrangements’ and whether a trade union has the right to sue as a third party for breach of an employment contract between the employer and employee, (2) an EAT decision on holiday back pay post-Agnew, (3) the Labour Market Enforcement Strategy for 2024 to 2025, (4) a Bill enacting changes to National Insurance Contributions, (5) an EAT judgment about the test to be applied when deciding whether a claimant with recurring symptoms has a disability, (6) the Bar Council’s response to the Bar Standards Board’s proposed amendments to equality rules, (7) an employment tribunal decision awarding compensation for failure to make reasonable adjustments for endometriosis and anxiety, (8) a call from the Social Mobility Foundation for mandatory class pay gap reporting, (9) results of a survey on discrimination faced by neurodivergent individuals during recruitment, (10) an EAT decision on an employment tribunal’s power to award non-pecuniary losses in whistleblowing detriment claims, (11) analysis by John Binns and Alexander Gorst at BCL Solicitors of the statutory guidance on the failure to prevent fraud offence, (12) an EAT judgment on strike-out, (13) the Senior President of Tribunals’ annual report for 2024, (14) minutes of the most recent meetings of the Employment Tribunals (England and Wales) National User Group and of the Employment Tribunals (Scotland) National User Group, (15) Regulations dealing with the recognition of professional qualifications from Switzerland in Wales, (16) the IRLR Highlights for December 2024, (17) dates for your diary, (18) updates to our case, consultation and legislation trackers and horizon scanner, and (19) a new Q&A.
NEWS
This edition of Employment weekly highlights includes: (1) a meeting of Deputy Prime Minister, Business Secretary, business leaders and trade unions to discuss the government’s plan to Make Work Pay, (2) a successful part-time worker claim by army reservists that were denied access to the armed forces pensions scheme, (3) analysis of an EAT decision applying the CJEU decision in CHEZ to a claim for indirect discrimination occurring prior to 1 January 2024, (4) a successful claim by an airport worker that the requirement to work any shift was indirectly discriminated against women, (5) an employment tribunal decision that it was discriminatory to withhold an employee’s pay until she met onerous requirements to prove she was fit to return to work following cancer treatment, (6) a successful discrimination claim brought by an employee who was harassed over her Catholic beliefs, (7) analysis of an EAT decision that an employer can be vicariously liable for detriment caused by act of co-worker which amounts to dismissal, (8) analysis of a Court of Appeal judgment on the wide ambit of ‘processing’ under UK data protection laws by Christopher Foo at Ropes & Gray LLP, (9) updated government guidance on giving evidence from abroad in UK court or tribunal cases, (10) an EAT judgment that found the employment tribunal had been wrong to accept that an employer was unable to call a witness simply because they were no longer on the payroll, (11) an employment tribunal decision finding that there was no exception to diplomatic immunity where the claimant’s employment did not amount to modern slavery, (12) an EAT judgment allowing an extension of time to appeal where the claimants’ solicitors included the written reasons but not the judgment appealed, (13) our new Practice Note on dispute resolution appointments in the employment tribunal, (14) dates for your diary, (15) updates to our case tracker, and (16) new Q&As.
NEWS
This edition of Employment weekly highlights includes: (1) the naming and shaming of 524 employers who failed to pay the National Minimum Wage, (2) an Upper Tribunal decision that a termination payment was taxable as employment income, (3) the latest HMRC Employer Bulletin with updated guidance on termination payments and the correct route to obtain clearance, (4) the Equality and Human Rights Commission serving Pontins with an unlawful act notice following an investigation into race discrimination against Irish travellers, (5) analysis of an EAT decision on how to assess whether a material factor in an equal pay claim is genuine, (6) an MLex article on the Data Protection and Digital Information Bill being given more time, (7) the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024, (8) analysis of the importance of firms having systems to identify and mitigate the risks of non-financial misconduct, following the Financial Conduct Authority’s formal information request to the Lloyd’s insurance market on the matter, (9) the response from the Department for Business and Trade to its consultation on a draft statutory code of practice on dismissal and re-engagement, (10) an EAT judgment looking at ways in which an employment tribunal had erred in considering whether a claimant had been constructively dismissed as a result of a demotion, (11) analysis of an EAT decision that a claimant who made up a sexual assault was not entitled to privacy orders, (12) the announcement by the Ministry of Justice of eight new employment tribunal rooms in Leeds, (13) dates for your diary, (14) updates to our case, consultation and legislation trackers, as well as to our Employment horizon scanner, and (15) new Q&As.
NEWS
This edition of Employment weekly highlights includes: (1) further regulations relating to the Employment Rights Act 2025 (ERA 2025), (2) Court of Appeal decisions confirming that a volunteer coastguard rescue officer has the status of worker, and confirming limitations on employment tribunals over armed services claims, (3) the latest employment tribunal decision finding that an NHS Trust which allowed trans woman to use female changing rooms was liable for sex discrimination and harassment, (4) analysis by Rahman Ravelli’s Dr Angelika Hellweger and Tatiana Novikova of the UK’s approach to whistleblowing, comparing it with the position in the US, (5) updated ICO guidance on international transfers of personal data, and on transfer risk assessments (TRAs) for international data transfers, (6) a consultation on an updated Acas Code of Practice on trade union time off, (7) analysis by Síobhra Rush, Gemma Taylor and Rebecca Jobling of Lewis Silkin of the issues for employers arising from the new wave of AI assisted challenges in redundancy exercises, (8) the February 2026 edition of the Industrial Relations Law Reports (IRLR), (9) dates for your diary, and (10) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) the Equality and Human Rights (EHRC) consultation on amendments to the Code of Practice on services, public functions and associations, (2) news that the government and EHRC are facing a legal challenge over toilet use guidance, (3) a decision by the Court of Appeal confirming, for now, the ‘sole’ reason for treatment in part-time worker discrimination claims, (4) Regulations reducing the minimum duration of the period during which an apprentice is expected to work and receive training from 12 to 8 months, (5) a government consultation on Local Government Pension Scheme reforms, (6) agreement by the European Council and European Parliament of a revised European Works Council Directive, (7) dates for your diary, and (8) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) an analysis by Andrew Osborne, Stephen O’Flaherty and Pip Hague of Lewis Silkin on the expanded scope of right to work checks, (2) a Court of Session decision confirming that permanent health insurance benefits may constitute ‘wages’ post-dismissal, (3) a High Court decision on the use of interim injunctions against internal disciplinary proceedings, (4) a tribunal decision allowing a union claim that a pay offer made through a blog post amounted to a breach of collective bargaining rules, (5) an EAT decision on the use of closed proceedings in proceedings involving interception-related evidence, (6) an update to the Practice Note on the right of trade unions to access workplaces, (7) dates for your diary, and (8) other updates and resources of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) confirmation that the new right to neonatal care leave and pay will be introduced from 6 April 2025, together with draft Regulations fleshing out the details of the right provided for by the Neonatal Care (Leave and Pay) Act 2023, (2) the Court of Appeal decision that Ryanair cannot blacklist employees for striking, (3) a further update from HMCTS on the delayed implementation date of the new Employment Tribunal practice directions implementation—now expected February 2025, (4) an EAT ruling that a failure to undertake early conciliation does not deprive the Employment Tribunal of jurisdiction, (5) an EAT decision that an unless order can be made in respect of an application for costs, (6) news that Ireland–Employment, a new offering on Lexis+® which includes a dedicated practical guidance module and a valuable new source of Irish Employment law cases, has now launched, (7) dates for your diary, and (8) other news items of interest to employment practitioners.
NEWS
This edition of Employment weekly highlights includes: (1) an update to the government’s timeline for implementing the Employment Rights Act 2025, (2) a Department of Health and Social Care response confirming the final shape of the fair pay agreement process for adult social care, (3) draft updated Home Office guidance on right to work checks, (4) updated ICO guidance on subject access requests to reflect the Data (Use and Access) Act 2025, (5) a call for evidence on the UK’s international data transfer regime, (6) a government review of the right to be accompanied under section 10 of the Employment Relations Act 1999, and an EAT decision on the right, (7) an EAT decision on the purpose of offers made in the context of collective bargaining, (8) a call for evidence on the Immigration and Asylum Bill, (9) HMCTS updates on an employment tribunal online services planned upgrade closure, and a temporary location move for East London Employment Tribunal hearings, (10) publication of the August 2026 edition of Industrial Relations Law Reports (IRLR), (11) what’s coming up in the employment law world in the next few weeks, and (12) other updates and resources of interest to employment law practitioners.