New Paternity Leave Regulations published

After announcing proposals to make changes to paternity leave rights in the summer of 2023, the government has now published draft legislation in the form of the Paternity Leave (Amendment) Regulations 2024. The Regulations make the following changes: employees will...

Settling Future Claims

Can a settlement agreement be used to validly settle future unknown claims under The Equality Act 2010? Yes, decided the Court of Session in the recent case of Bathgate v Technip Singapore PTE Ltd. The Claimant was made redundant and left employment under a settlement...

New Government Guidance On Holiday Pay

Happy New Year! Earlier this week, the government released new guidance to cover the latest holiday pay and entitlement reforms. It sets out the changes to the Working Time Regulations which the government introduced on 1 January 2024 and will affect:-  ...

Employment Tribunal Compensation

Could a clause in a contract of employment, purporting to limit the financial liability of the employer on termination of employment, operate to cap the compensation awarded by the tribunal in a whistleblowing claim? No, decided the Employment Appeal Tribunal (EAT) in...

Carer’s Leave Regulations

New proposed employment laws are coming thick and fast in the run up to the Xmas break this year. The Carer’s Leave Regulations 2024 have now been laid before Parliament. They set out the statutory scheme under which employees will be able to apply for up to one week...

Flexible Working Set To Become A Day One Right

Some important news hot off the employment law press: Flexible working set to become a Day One right from April 2024. The Flexible Working (Amendment) Regulations 2023 have been laid before Parliament. The Regulations remove the requirement that an employee must have...

Agency Workers

Was a Claimant who provided services as a pilot to an airline via an intermediary business, both ‘employed’ by the intermediary business for the purposes of the Civil Aviation (Working Time) Regulations 2004, and an agency worker under the Agency Workers Regulations...

Is Calling Someone Bald Sexual Harassment in the UK?

The Employment Appeal Tribunal (EAT) has upheld a decision last year that calling someone bald amounted to sex-related harassment. The EAT heard the appeal from Yorkshire-based British Bung Company, a manufacturer of wooden cask closures for the brewing industry, to...

Redundancy Consultation

Did a failure to consult with the workforce, in relation to redundancy proposals at a formative stage, render a later dismissal unfair? Yes, held the Employment Appeal Tribunal (EAT) in the recent case of Joseph de Bank Haycocks v ADP RPO UK Limited. The Claimant (and...

Heat of the Moment Resignations

Was an employment tribunal correct to conclude that a Claimant’s ‘heat of the moment’ resignation should stand – with the result that he could not pursue an unfair dismissal claim? No, held the Employment Appeal Tribunal (EAT) in the recent case of Omar v Epping...