News Archive for Employment & HR

Consultation provides insights on how the changes might impact on employers using flexible contracts.

Employer’s delay in harmonising pay was indirect race discrimination.

A summary of key recent changes to employment legislation

The Government is consulting on changes to collective redundancy rules, adding an organisation-wide trigger alongside the current test, due from 2027.

A chance for employers to have their say on new flexible working request consultation process.

EAT provides clarity about when collective redundancies are ‘proposed.’

Government publishes new implementation timeline and launches consultation on dismissal and re-engagement “restricted variations.”

Important considerations for academy trusts and schools in 2026 and beyond.

Greater protection for employees, more complexity for employers, and a need for careful planning over the next two years.

A reminder for employers that evidence disclosure is a key part of Tribunal proceedings.

Liability for dismissal detriment does not extend to the line manager who did not dismiss.

External HR professionals are often retained by employers to investigate workplace matters, such as staff grievance and disciplinary issues.

A recent Tribunal decision considered the case of an employee dismissed for working in breach of Working Time Regulations.

Charity leaders’ unique obligations and circumstances pose specific challenges.

No firm commitments from Government on improving paternity rights.

An update for employers on parliamentary progress and next steps for the ERB

UK employers must take reasonable steps to prevent sexual harassment, including third-party harassment, clear policies, training, and risk assess.

Employer’s PR statements following tribunal proceedings could have founded whistleblowing claim.

Proposed changes to the law may mean AI tools could create third-party harassment liabilities.

Judgment follows Supreme Court decision on the meaning of sex under the Equality Act 2010.

Failure to preserve documentary evidence and disclose relevant documents contributed to finding of race discrimination.

Some significant government-backed changes have been made to key provisions.

EAT: local authority was not the employer where it did not manage or control the carer.

Majority of changes will come into effect in 2027.

The Government announced on 3 July that it had commenced a review of all parental leave and pay rights.

Consultation seeks views on updated guidance and examples for service providers

In this article, we look at the recent case of Mireku v London Underground Ltd [2025] EAT 57 and its impact on less favourable treatment claims.

Lack of clear employer policy rendered dismissal unfair.

Judgment brings some legal clarity but raises practical and ethical questions for employers.

Labour acknowledges that “more can be done to support parents who experience pregnancy loss before 24 weeks.”

How can EDI training help employers to defend an employment tribunal claim?

Employment Rights Bill amendments approved by House of Commons on 12 March 2025. Key changes and implications since February update outlined.

What employers need to know about the Equality (Race and Disability) Bill.

Guidance for employers on the implications of the new rates.

Court of Appeal: dismissal was not a proportionate response and could not be justified.

An EAT case provides insight for employers on structuring application form questions.

Employment law considerations for church employers.

Tribunals now have the power to adjust protective awards where the Code of Practice on Dismissal and Re-engagement (the Code) is not followed.

The government announces implementation of statutory neonatal care leave and pay from 6 April 2025.

Key changes have been made to the Bill, indicating Labour's plan to enact some key election pledges.

Part two: third-party harassment.

Part one: what is sexual harassment?

EAT decision provides insight on the boundaries of protected conversations.

Court of Appeal clarifies smaller-scale redundancy consultation requirements.

Part four – Toolkit

Legal protection for trustees may be required to secure their right to freedom of expression.

Guidance for employers on complying with the new duty.

How will the new Government implement its manifesto pledge to allow workers to disconnect?

Part three - Appeals.

EAT upholds tribunal decision that the belief sought to stir up hatred against Muslims.

Part two – Disciplinary Hearing and Outcome.

New Code of Practice will be taken into account by employment tribunals when considering compensation.

Tribunal finds email signature was an objectionable manifestation of claimant’s gender critical belief.

A guide to the disciplinary process.

EAT finds volunteer was a worker and able to bring a claim concerning the right to be accompanied

A new section of the Equality Act 2010 that expressly allows for associative indirect discrimination.

Employment Tribunal decision provides interesting insight on the flexible working mechanisms in the Employment Rights Act 1996.

EAT: decision-maker must have some knowledge of the whistleblower’s concerns

Employers need to get ready for the new duty, expected to take effect in October 2024

Campaign group seeking traction for the idea suggest trialling four-day working weeks in August 2024.

EAT clarifies legal protections for parents

New guidance highlights need to embed inclusive practices to support neurodiverse staff.

Guidance is latest in line of efforts to raise awareness of the impact of the menopause at work.

Employer did not have constructive knowledge of all the disadvantages the interview format had on the employee.

Government publishes guidance on holiday reforms from 1 January 2024.

Decision upholds those of the CAC and Court of Appeal.

However, protection from third-party harassment provisions of the Equality Act 2010 will not be restored.

A guide to redundancy: pooling and selection for redundancy

Employee received £25,000 in compensation for repeated incidents over more than two years.

Supreme Court: 3-month gap will not break a series of unlawful deductions.

Work experience student was in a role akin to employment but school was not vicariously liable for sexual assault.

Recent case indicates that employers will need to take common sense approach to insulting terms.

Decision to dismiss was outside the band of reasonable responses.

A reasonable employer would have picked up the phone…and other useful lessons from case law.

Paper provides an overview of the issues around AI and employment in the UK.

EAT confirms employer’s belief can be ‘something arising in consequence of disability'.

A guide to redundancy: the foundations of a fair redundancy process.

Package includes increased protection in redundancy scenarios and additional neonatal rights.

The Q&A provides a helpful reference point for employers when responding to a DSAR.

EAT: claimant was dismissed by means of letter which wrongly referred to termination by mutual agreement.

Update to guidance follows budget announcement of support for returners over 50.

EAT confirms Tribunal decision that challenging the claimant’s confrontational behaviour was not discrimination under s.15 Equality Act.

Dismissal was a proportionate means of achieving legitimate aim of ensuring staff were capable of satisfactory attendance.

Flexible working has become a regular part of the post-Covid-19 working world.

Workers identified as having to provide minimum service would not be protected from dismissal for taking strike action.

EAT decision confirms guidelines on when a grievance might constitute an existing dispute.

Ban will extend protection to workers on low incomes.

If passed into law, the Bill would give employees a statutory right to take time off work to attend fertility treatment clinic appointments.

EAT: Dismissal for lack of political neutrality would not relate to political opinion or affiliation.

We answer five key questions to help employers avoid some common pitfalls in using settlement agreements.

Together with Nick Bustin from Haysmacintyre our employment partner Alacoque Marvin explores this possibility in more detail.

EAT: Redundancy dismissal of fixed term employee was unfair due to lack of consultation on pooling and selection.

Decision means Tesco may proceed with a ‘fire and rehire’ process to withdraw benefits.

Acas publishes new guidance on managing disciplinary suspension.

EAT: Unilateral imposition of a pay rise outside collective bargaining was an unlawful offer.

What should employers do if the subject of a disciplinary process raises a grievance?

What are the differences between the ACAS Code of Practice and ACAS guidance on disciplinary and grievance procedures?

Supreme Court: all workers are due 5.6 weeks’ paid annual leave no matter how many weeks they work.

Policy on use of service users’ preferred pronouns was a proportionate means of achieving a legitimate aim.

Tribunal decision appears to highlight lack of legal recourse for women in these circumstances.

EAT: employee did not reasonably believe in serious and imminent danger at work and so was not automatically unfairly dismissed.

Move follows consultation which ran between December 2020 and February 2021.

ONS estimates that “long Covid” symptoms have adversely affected the day-to-day activities of 1.2 million people in the UK.

These lesser-known forms of discrimination may catch employers out.

With increasing infertility rates in the UK, is it time for better workplace support for staff undergoing fertility treatment?

Dealing with an employee who may be a perpetrator of violence or abuse.

EAT finds that Tribunal failed to apply the ‘reasonable worker test’.

Changes to Covid-related sick pay from 25 March 2022.

EAT decision paves way for appeal on tricky interpretation of PILON clauses.

Claimant was in business on his own account and not entitled to holiday pay or notice pay.

Four-week holiday entitlement carries over where right is denied, whether or not worker takes unpaid leave.

How do you conduct a disciplinary hearing?

EAT decision highlights that abuse of the grievance process may give employers grounds to dismiss.

In some cases, delaying legal proceedings to pursue a grievance process will mean it is just and equitable to extend time.

How thorough should an investigation be?

Supreme Court confirms that offers which would temporarily take a term of employment out of collective bargaining procedures can be unlawful.

To suspend or not to suspend?

Recent case considered whether menopausal symptoms could have substantial adverse impact on claimant.

Dismissal was not discriminatory because employer did not know about disability.

Employers are currently dealing with a number of issues in relation to the Covid-19 pandemic.

Dismissal was unfair but decision-maker was not motivated by protected disclosures.

EAT decision confirms that Tribunals should only do so in limited circumstances.

Film company failed to defend claim on the basis that there was an occupational requirement not to be pregnant.

EAT decision adds to established principles on the reasonableness of paying for a role no longer being performed.

Vaccination requirement will apply to most people working in CQC regulated care homes from 11 November 2021.

Decision that a teacher was unfairly dismissed when they were not prosecuted for criminal charges is overturned.

Women are still more likely to have caring responsibilities despite increase in fathers caring for children.

But EAT makes clear that misgendering may constitute discrimination or harassment.

TUC calls for long Covid to be a deemed disability and highlights the ongoing and potential future impact Covid may have on workforces.

EAT: The way H&S activities were carried out was not separable from performing the activities.

Court of Appeal denies Addison Lee appeal following the Supreme Court’s decision in Uber v Aslam.

Workers who are permitted to sleep during the shift are not performing “time work” or “salaried hours work”

Upcoming rule changes and what organisations should know.

EAT decides employees can transfer to more than one employer in a service provision change.

Court of Appeal decision highlights careful balance between freedoms and limitations of expression.

Court of Appeal dismisses latest in series of cases brought by former magistrate.

Decision brings long-running case on key aspects of workers status to an end.

EAT: assessment of whether employer took all reasonable steps to prevent discrimination should include deciding if a step is likely to be effective.

The legal considerations for schools and academy trusts.

This article covers what is reasonable, disciplinary procedures and discrimination claims.

A recent case examines the so-called ‘costs plus’ rule when considering indirect discrimination justification.

Decision took account of employee’s length of service prior to leaving the organisation.

EAT decision strikes balance between rights and protections created under the Agency Workers Regulations 2010.

EAT: An employer’s motive and conduct in making a role redundant is not relevant to determining if a redundancy situation exists.

DBS recommends employers change recruitment questions about convictions and cautions to reflect these new rules.

High Court: UK has failed to implement EU law protecting workers from detriment on health and safety grounds.

Recent case considered whether an employer could have prevented a practical joke that caused injury.

Formerly shielding individuals advised not to attend work during lockdown.

Employees on maternity leave have special protections which employers should be aware of as they make key workforce decisions in the coming months.

Is there a lower expectation of privacy for those working in certain professions?

EAT confirms the Acas Code of Practice applied where a protected disclosure led to dismissal.

Health and Safety Executive guidance includes advice on supporting vulnerable workers and first aid cover during the pandemic

Key considerations for employers dealing with requests to work differently in the context of the ongoing Covid-19 pandemic.

Employers must fund at least 55% of normal wages if claiming under the new scheme.

What are the legal considerations for school leaders?

Particular adverse effects of delusions on the individual were not ‘long-term’.

Is your school discriminating against pupils with disabilities because of Covid-19 risks?

Case helpfully clarifies an important aspect of the interaction between reasonable adjustments and s.15 discrimination claims.

Recent case suggests a reasonable adjustment may take the form of an undertaking.

Employers cannot claim the Job Retention Bonus where the employee is under notice of termination of employment before 1 February 2021.

Court identifies significant factors for a tribunal to consider when determining employment status.

Some key legal considerations for employers carrying out formal consultation processes.

The way an athlete was funded meant that there was no employer-employee relationship.

Although offering an appeal is recommended, there is no statutory right to one in redundancy situations.

Recent case highlights the difference between working under a contract of employment and ‘collateral work’.

We consider the ICO’s guidance for organisations conducting testing of employees and provide practical advice for complying with data protection law.

Tax tribunal decision offers helpful summary of the law on employment status.

With new quarantine rules in force, can employers exercise control over where an employee goes on holiday or whether they go on holiday at all?

Decision highlights the limits of a generic confidentiality clause in settlement agreements.

Important considerations for employers who have decided to furlough staff

The key risks of changing terms on a TUPE transfer – even when they are beneficial to the employee.

How can employers avoid discrimination during the Covid-19 crisis?

The Supreme Court has final say on long-running series of cases caused by an intentional data leak.

We consider the application of the Coronavirus Job Retention Scheme to rural businesses and other Covid-19 related concerns affecting the sector.

As the Coronavirus Job Retention Scheme goes live, HMRC provides helpful guidance on calculating claims.

We share with you some of the most frequently asked questions relating to COVID19 and data protection issues.

HMRC has published an updated version of its guidance on the furlough scheme.

The Government has further clarified some details of the Job Retention Scheme.

The Government has clarified some details of the Job Retention Scheme.

Many employers are facing extremely difficult decisions in the light of the Covid-19 restrictions and are working hard to find solutions.

Scheme is open to all employers but those receiving continuing public funding to cover wage costs are not expected to use the scheme.

Dishonesty in investigation report was a fundamental breach of contract.

And what impact does this have on the nature of protected conversations?

EAT confirms employee must show the effect of their impairment is 'long term' at the time of the discriminatory acts.

When the decision-maker's reason for dismissal is not the real reason.

Judge finds views were incompatible with human decency and conflicted with the fundamental rights of others.

Dismissal and breach of right to privacy were justified by potential risk to employer's reputation as statutory safeguarding partner.

Homeworking is becoming increasingly popular but employers should consider a number of important issues before agreeing to it.

Will leaving the EU and the new political landscape mean more or less protection for workers?

Employment tribunal judge was 'overwhelmingly' satisfied that ethical veganism met the necessary tests.

EAT: threat was materially influenced by employee's refusal to work at site after rest break refused.

Recommendations of Low Pay Commission accepted subject to parliamentary approval.

Installing hidden CCTV leading to workplace dismissals did not violate employees' rights to privacy.

Recent employment and tax law decisions highlight risk that "self-employed" individuals engaged through their own companies could be employees.

Employer was not found liable because it had taken all reasonable steps to prevent discriminatory act

Courts and tribunals are not obliged to follow it, but guidance may be used as evidence in proceedings.

Employee made redundant after employer refused to allow her to continue to job share.

Acas has published guidance for employers on supporting staff who are going through the menopause.

A tribunal must make findings of fact in regard to improper conduct before disapplying s.111A.

A number of recent developments may extend whistleblowing protection beyond employees and workers.

Employment tribunal: Lack of belief in "transgenderism" is incompatible with human dignity

EAT upholds tribunal's decision that conduct was unwanted but not related to the claimant's sex

What do employers and employees need to know about protests?

How does this request sit within the GDPR framework?

EAT agrees that out of hours GP paid through her own company was a worker

EAT rules that a partly self-interested disclosure could still pass the public interest test

EAT reminds employers and their advisers to be specific.

Court of Appeal confirms school was wrong to pay holiday pay at the rate of 12.07% of earnings.

EAT provides useful guidance on a developing area of potential liability for employers.

If someone is employed illegally, will they have any rights under the employment contract or any protection under employment law?

Court of Appeal confirms perceived disability discrimination claims are permissible under the Equality Act 2010

Making a covert recording could be gross misconduct in some circumstances but the recording may be admissible in the employment tribunal

Employers need to have a clear non-discriminatory reason for action when dealing with religious expression.

Employer could not reasonably be expected to know about a disability as employee was unlikely to engage with medical enquiries

Inducements to forgo collective bargaining: the risk of penal awards decreases after Court of Appeal decision.

Double vision correctable by wearing a contact lens in one eye did not qualify as a disability.

No discrimination where special treatment is afforded to women in connection with pregnancy or childbirth

What do you need to know about employing children?

The answer to this is very likely to be…NO

EAT decision confirms that the key question is 'what effect does the discrimination have on the individual?'

A recent case highlights the difficulties employers face when new evidence comes to light at appeal

A recent case considered a warden and receptionist being on call overnight at a caravan site

Yes sometimes…

Cheshire Police were found to have directly discriminated against a white heterosexual male candidate

Case law has considered the actions of an over-exuberant attendee to an office party in what continues to be a fact-specific area of law

Probationary periods are a common feature of employment – but what exactly are the implications of one?

A disabled employee should have been offered a dedicated parking space as a reasonable adjustment in line with the employer's own policy

Did the treatment of a gay head teacher amount to constructive dismissal and sexual orientation discrimination?

Should an employer wait for criminal proceedings to conclude before undertaking an internal disciplinary process?

Employers who refuse rest breaks may be liable for personal injury caused by the lack of breaks

Court of Appeal: employer had reasonable and proper cause to suspend pending investigation of allegations of unreasonable force against children

Court of Appeal: TUPE transfer was principal reason for dismissal in the context of claimant's poor relationship with director of the transferee

EAT: teacher's dismissal could not be discriminatory on the basis of the employer's religion or belief but was discriminatory on the ground of sex

Late teacher's estate awarded damages for school's failure to inform the TPS that she had exhausted sick pay and was not in pensionable service

The Government Equalities Office publishes new guidance as 2019's gender pay gap reporting deadline approaches

Supreme Court upholds decision that the rules on disclosing multiple spent convictions in an enhanced DBS check are disproportionate and incompatible

Two changes to the right to work check rules, intended to simplify the checking process, come into force on 28 January.

The EAT has upheld the decision of an employment tribunal that a live-in carer was an employee of the client even though she contributed to tax & NI.

Academy should have known teacher with reactive depression and PTSD was disabled and made reasonable adjustments

A look ahead to some of the key changes impacting on employers planned for 2019/20

In December, EHRC published a report on the first round of gender pay gap reporting, focusing on explanatory narratives and action plans.

Incapability dismissal may be unfair and discriminatory if employee is contractually entitled to income when incapacitated by permanent disability.

Yes, the refusal of a contractual right to a four week trial period in an alternative role is very likely to lead to an unfair dismissal (EAT).

Employment tribunal was right to take a "realistic and worldly-wise" approach as written contract did not reflect the reality of the arrangement

Court of Appeal holds purser paid 50% of full-time pay when available for work for more than 50% of full-time hours was less favourably treated.

Court of Appeal holds two directors of a company personally liable for dismissal-related losses.

A recent Court of Appeal decision highlights the risk that data controllers will be found liable for damages due to a data breach of a rogue employee

An in-depth look into the recent case of the Supreme Court overturning a decision made by the Court of Appeal of Northern Ireland.

When is an employer liable for an employee's actions?

Your chance to have a say on the Law Commission's consultation paper, and other questions about the way employment tribunals work

ACAS has published new guidance to assist employers in preventing workplace discrimination on the grounds of religion or belief.

A reminder of the issues that can arise with school accommodation and how to deal with them.

Can independent schools keep their school fee salary sacrifice schemes in place?

Case underlines TUPE rule on “principal purpose” of an “organised grouping of employees”.

Was a job applicant with Asperger's Syndrome discriminated against by being required to sit a psychometric test? Yes, held the EAT

Yes, maybe. Schools should be aware that an unclear COT3 settlement agreement could allow an employee to bring future employment tribunal claims.

In the recent case of ALNO (UK) Ltd v Turner the EAT stressed the need to apply the “multi-factorial” test established in an earlier TUPE case.

John McMullen shares his thoughts on TUPE & Brexit

Schools that have salary sacrifice schemes as a benefit for staff paying school fees can take part in the government consultation on proposed reforms.

Employers who use the £30,000 tax exemption on termination payments are invited to consult on the proposed reforms.

Wrigleys is pleased to announce 3 promotions in its private client and charity property teams.

What do bursars need to know about the taxation of payments to employees on the termination of their employment?

What should be considered before dismissing school staff who have been employed for less than two years?

When might a member of school staff be making a disclosure in the public interest and so be protected under employment legislation?

How will the new rules on reporting pay statistics for men and women affect larger independent schools?

An employer who reasonably believed that an employee was lying about his symptoms was entitled to find gross misconduct.

The recent employment tribunal case of ICTS UK Ltd v Mahdi shows there is uncertainty about TUPE and short-term contracts.

A recent Employment Tribunal case highlights the need for schools to be aware of the possible duty to make reasonable adjustments for dyslexic staff.

Is an express power to lay off subject to an implied term of reasonableness? No, held the EAT

A recent ruling in the Employment Appeal Tribunal (EAT) gives clarity about when an employee is “assigned” to an employer before a TUPE transfer.

Dementia Friends Champions Charlotte Buckley and Amy Slinn have held Friends' information sessions for 96 people at Wrigleys...and counting!

Review of a recent European Court case concerning the rights of employees in employers' shared services arrangements.

Yes – says the High Court in the case of Camurat v Thurrock Borough Council (July 2014)

Following the creation of the Disclosure and Barring Service (DBS), on the merger of the Criminal Records Bureau and Independent Safeguarding Authority on 1 December 2012, the Home Office has announced that the new criminal record checking system will be free to volunteers.

For many volunteers, the very essence of voluntary work is the flexibility. It is often that freedom that allows volunteers the luxury to help out their chosen organisation in the precious time that they have to spare. Equally, and it is often remarked that, many charities and social enterprises would flounder or fail without the armies of volunteers willing to help out in those sectors.