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
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.
A reasonable employer would have picked up the phone…and other useful lessons from case law.
EAT confirms employer’s belief can be ‘something arising in consequence of disability'.
Package includes increased protection in redundancy scenarios and additional neonatal rights.
EAT: tribunal must consider whether dismissal was because of a justified objection to the way protected beliefs were manifested.
Proposals seek to define umbrella companies and set out minimum standards and enforcement options.
Supreme Court rules religious organisation was not vicariously liable for rape by community elder.
Proposals include changes to holiday leave and pay administration and collective consultation requirements.
Proposals include changes to holiday leave and pay administration and collective consultation requirements.
ACAS raises concerns over key aspects of the proposed Code.
We review key rates and figures changes in employment law
EAT: claimant was dismissed by means of letter which wrongly referred to termination by mutual agreement.
Disciplinary action was taken because of objectionable manifestation of religious beliefs rather than the beliefs themselves.
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.
Key legal considerations for schools and academy trusts.
If confirmed, the new code of practice could significantly impact the way employers approach changes to terms and conditions.
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.
What is the potential impact of the Bill on Employment Law in the UK?
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.
Together with Nick Bustin from Haysmacintyre our employment partner Sue King explores this possibility in more detail.
Decision means Tesco may proceed with a ‘fire and rehire’ process to withdraw benefits.
EAT: Unilateral imposition of a pay rise outside collective bargaining was an unlawful offer.
What are the differences between the ACAS Code of Practice and ACAS guidance on disciplinary and grievance procedures?
Policy on use of service users’ preferred pronouns was a proportionate means of achieving a legitimate aim.
Tribunal decision confirms that symptoms of long covid are capable of meeting the definition of disability.
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.
We set out the key takeaways for employers from this year’s Queen’s speech
With increasing infertility rates in the UK, is it time for better workplace support for staff undergoing fertility treatment?
EAT finds that Tribunal failed to apply the ‘reasonable worker test’.
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?
Dismissal was not discriminatory because employer did not know about disability.
Tribunal decision will provide comfort for employers who sent pregnant staff home for health and safety reasons.
Workers have limited rights to request paid leave.
Tribunal decision offers useful insight into how employers may have been exposed to claims during the pandemic.
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.
Failure to consider furlough in redundancy context meant decision to dismiss was unfair.
Response proposes introduction of new duty on employers to take ‘all reasonable steps’ to prevent sexual harassment.
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.
This article considers the main benefits, both financial, commercial and social, from transitioning your business to employee ownership.
Vaccination scheme had legitimate aims and that penalties and fines were proportionate.
Lack of manual handling training in lifting disabled pupil was a fundamental breach of contract.
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.
Tribunal considers application of workplace protection in cases of ‘serious and imminent danger’.
Workers who are permitted to sleep during the shift are not performing “time work” or “salaried hours work”
This case highlights the issue of stranded workers still being “ready and willing” to work.
Upcoming rule changes and what organisations should know.
Court of Appeal dismisses latest in series of cases brought by former magistrate.
Court of Appeal decision highlights careful balance between freedoms and limitations of expression.
Budget announcement signals more of the same for 2021.
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.
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.
Employers’ contribution to the wages of workers on the scheme significantly reduced.
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.
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?
Unfair to dismiss for reputational damage when this was not put to the teacher as a formal allegation.
Case helpfully clarifies an important aspect of the interaction between reasonable adjustments and s.15 discrimination claims.
Key changes to the Coronavirus Job Retention Scheme and how to calculate termination payments for furloughed staff.
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.
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.
Plans include a Job Retention Bonus for employers who keep on furloughed staff and opportunities for young people.
Recent case highlights the difference between working under a contract of employment and ‘collateral work’.
Complaints continue to be received by HMRC about possible furlough fraud by employers.
We consider the ICO’s guidance for organisations conducting testing of employees and provide practical advice for complying with data protection law.
What are the implications of monitoring employee communications in the current crisis?
New Government guidance on flexible furlough published and new HMRC enforcement powers announced
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?
Teachers are finding it understandably difficult to adapt to remote working.
Decision highlights the limits of a generic confidentiality clause in settlement agreements.
Government outlines changes to the Job Retention Scheme to take place between July and October 2020.
Important considerations for employers who have decided to furlough staff
Employers face potential exposure to claims where furlough results in a reduction in pay.
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.
HMRC has published an updated version of its guidance on the furlough scheme.
The Government has clarified some details of the Job Retention Scheme.
Many independent schools are facing extremely difficult decisions in the light of the Covid-19 restrictions.
Many employers are facing extremely difficult decisions in the light of the Covid-19 restrictions and are working hard to find solutions.
Employers need to consider how they will adapt to make sure policies and procedures are applied appropriately during the current circumstances.
Scheme is open to all employers but those receiving continuing public funding to cover wage costs are not expected to use the scheme.
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.
A tribunal must make findings of fact in regard to improper conduct before disapplying s.111A.
Employment tribunal: Lack of belief in "transgenderism" is incompatible with human dignity
What do employers and employees need to know about protests?
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
The guidance is designed to clarify key aspects of NDAs and signposts where to get advice from.
"Current model is dependent on individual enforcement rather than seeking institutional change" say Committee.
If someone is employed illegally, will they have any rights under the employment contract or any protection under employment law?
The government is seeking public feedback on a number of work-related topics which may interest you
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.
No discrimination where special treatment is afforded to women in connection with pregnancy or childbirth
Key aspects to bear in mind when offering volunteering and work experience
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
An agreed exit for school staff via a settlement agreement may be trickier than you think…
A recent case considered a warden and receptionist being on call overnight at a caravan site
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
Marie-Louise Hamilton has been appointed managing partner and will start the role in May 2019.
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
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.
Two changes to the right to work check rules, intended to simplify the checking process, come into force on 28 January.
In December, EHRC published a report on the first round of gender pay gap reporting, focusing on explanatory narratives and action plans.
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).
Incapability dismissal may be unfair and discriminatory if employee is contractually entitled to income when incapacitated by permanent disability.
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.
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
Court of Appeal holds two directors of a company personally liable for dismissal-related losses.
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.
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
A recent legal ruling on TUPE service provision changes to decide whether activities carried out afterwards are “fundamentally the same” as before.
Yes, maybe. Schools should be aware that an unclear COT3 settlement agreement could allow an employee to bring future employment tribunal claims.
In a report relevant for academies and maintained schools, an ICO investigation concluded that charities had breached the Data Protection Act.
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
The EAT holds that TUPE service provision changes only apply to a grouping of employees providing services immediately before the transfer.
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.
TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains John McMullen
Guidance from DfE updated on 1 July for employers, governing bodies, school leaders and staff in maintained schools and academies.
A brief look at recent charity law and company law developments which are of relevance to independent schools.
In this article, we consider the wider implications of sexting on children, teachers and parents.
When might a member of school staff be making a disclosure in the public interest and so be protected under employment legislation?
What should be considered before dismissing school staff who have been employed for less than two years?
What are the likely effects of a Brexit on those UK employment laws of most relevance to the independent school sector?
What do bursars need to know about the taxation of payments to employees on the termination of their employment?
Handling negative comments, complaints and criticisms about the school or staff made on social media can be a minefield for the leadership team.
Recent reports have highlighted the difficulties schools face when parents become involved in these disputes.
The Supreme Court unanimously ruled that an employer was "vicariously liable" for the actions of its employee in an unprovoked attack on a customer.
An employer who reasonably believed that an employee was lying about his symptoms was entitled to find gross misconduct.
A recent Employment Tribunal case highlights the need for schools to be aware of the possible duty to make reasonable adjustments for dyslexic staff.
A recent ruling in the Employment Appeal Tribunal (EAT) gives clarity about when an employee is “assigned” to an employer before a TUPE transfer.
A recent ruling by the European Court of Justice provides a classic example for HR practitioners of what constitutes a TUPE business transfer.
Did an education trust discriminate against a teacher on the ground of age by replacing her with a less experienced teacher? 'No' ruled the EAT
Wrigleys celebrates another successful year for its trainee recruitment process, and welcomes Trusts and Estates specialist solicitor Kieran McIvor.
A group of our staff cycled 40 miles across the Yorkshire hills, between the Sheffield and Leeds offices to raise money for the Alzheimer's Society.
Wrigleys welcomes the arrival of Laura Moss to its charity team and Alexandra Hempsey to its commercial property and education property teams.
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.
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.
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.