Dismissal was discriminatory and unfair.

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.

This article looks at the opportunities, challenges and risks of generative AI for schools and trust leaders.

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.

Consultation comes as Flexible Working Bill continues its journey through Parliament.

EAT: tribunal must consider whether dismissal was because of a justified objection to the way protected beliefs were manifested.

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

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.

Government has set out proposals to help retain those with disabilities and health conditions in work.

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.

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.

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.

NEU members will take strike action in February and March.

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.

What is the potential impact of the Bill on Employment Law in the UK?

We recap the key employment legislative changes of 2022 and look ahead to 2023.

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 Sue King 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 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

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.

What are the hallmarks of a fair redundancy process?

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?

Employee’s genuine fear and scepticism did not override the vaccination requirement.

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.

Tribunal decision will provide comfort for employers who sent pregnant staff home for health and safety reasons.

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

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.

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

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.

Failure to explore negotiations with employee were key factor.

Vaccination scheme had legitimate aims and that penalties and fines were proportionate.

What employers need to know to avoid civil penalties.

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”

Considerations for school employers following changes to working from home and shielding advice.

This case highlights the issue of stranded workers still being “ready and willing” to work.

As the country emerges from lockdown, what do employers need to know about the rules on working from home?

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 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.

Employer was entitled to dismiss in circumstances surrounding the refusal.

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.

Regulations introduced in November 2020 have been scrapped due to ‘unintended consequences’

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.

Employers need to be aware of this increasingly important provision.

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.

Redundancy payments should be based on pre-furlough pay but what happens where employees have no normal hours?

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.

Government announces furlough support as previously available at 1 August.

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?

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.

What are the legal considerations for school leaders?

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

Government minister says HMRC is working on planning assumption of 5-10% error and fraud rate.

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.

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

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.

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.

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?

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

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.

The Wrigleys employment team is delivering a series of webinars on equality in the workplace this summer.

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

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

Employers face potential exposure to claims where furlough results in a reduction in pay.

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 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.

Dishonesty in investigation report was a fundamental breach of contract.

Changes for employers to note.

Advice for employers on how to approach coronavirus and related employment issues

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?

Introduction of race criterion in pre-registration of interest interview process was direct discrimination.

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.

Election manifestos promise key changes to employment law provisions in the UK.

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

Proposals to reduce ill health-related job loss

EAT reminds employers and their advisers to be specific.

The guidance is designed to clarify key aspects of NDAs and signposts where to get advice from.

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

"Current model is dependent on individual enforcement rather than seeking institutional change" say Committee.

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?

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.

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?

Key aspects to bear in mind when offering volunteering and work experience

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

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

The answer to this is very likely to be…NO

An agreed exit for school staff via a settlement agreement may be trickier than you think…

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

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

Marie-Louise Hamilton has been appointed managing partner and will start the role in May 2019.

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.

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.

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?

Wrigleys are pleased to announce 4 promotions in the firm's Leeds office.

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.

Draft regulations bring relief to maintained schools with less than 250 employees.

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

High Court rules draft Ofsted report was wrong to label segregation of girls and boys discriminatory.

John McMullen shares his thoughts on TUPE & Brexit

Actions required for ALL schools following key changes to statutory safeguarding guidance from September 2016.

The EAT holds that TUPE service provision changes only apply to a grouping of employees providing services immediately before the transfer.

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

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

Many schools will need to be ready for the new rules on reporting pay statistics for men and women from as early as April 2017.

TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains John McMullen

We look at the movement in schools towards non gender specific policies and procedures.

Guidance from DfE updated on 1 July for employers, governing bodies, school leaders and staff in maintained schools and academies.

Not necessarily, said the Scottish Court of Session (Inner House).

A brief look at recent charity law and company law developments which are of relevance to independent schools.

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

In this article, we consider the wider implications of sexting on children, teachers and parents.

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

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

What are the key factors leading to the increased cost of employing school staff?

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?

The Supreme Court unanimously ruled that an employer was "vicariously liable" for the actions of its employee in an unprovoked attack on a customer.

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.

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 by the European Court of Justice provides a classic example for HR practitioners of what constitutes a TUPE business transfer.

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

The Small Business, Enterprise and Employment Act arrived with little fanfare but there are points to note for the company secretary.

Wrigleys welcomes the arrival of Laura Moss to its charity team and Alexandra Hempsey to its commercial property and education property teams.

Albany Pumps, an international business based in Gloucestershire and with a site in Yorkshire is celebrating becoming employee owned.

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

We are delighted to share the news that Matthew Wrigley received the Presidents' Award at the Yorkshire Legal Awards.

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.