by Andrew Macmillan | Jan 10, 2023 | News
To succeed in a claim for marital status discrimination, is it essential to show that the fact that someone was married rather than simply in a close relationship, was part of the ground for the unfavourable treatment? Yes, held the Employment Appeal Tribunal (EAT) in...
by Andrew Macmillan | Jan 4, 2023 | News
Restrictive covenants: In 2021, the government consulted on whether restrictive covenants, also known as non-compete clauses, should be unenforceable or enforceable only when compensation is provided during the term of the clause. The consultation closed some time ago...
by Andrew Macmillan | Dec 22, 2022 | News
Was a tribunal entitled to hold that an employee who failed to attend work during the covid pandemic was not automatically unfairly dismissed for doing so in the face of serious and imminent danger? Yes, held the Court of Appeal in the recent case of Rogers v Leeds...
by Andrew Macmillan | Dec 12, 2022 | News
Can a sufficiently widely drafted COT3 settlement agreement prevent a subsequent claim for victimisation against the same Respondent? Yes, held the Court of Appeal in the recent case of Arvunescu v Quick Release Ltd. The Claimant worked for the Respondent for a month...
by Andrew Macmillan | Dec 6, 2022 | News
So many new things are being announced at the moment and this one is important. The Department for Work and Pensions has published its annual rate increases for 2023/2024. The rate for statutory maternity, paternity, adoption, shared parental and parental bereavement...
by Andrew Macmillan | Dec 5, 2022 | News
The government has published its response to last year’s consultation on updating flexible working laws. Here is a summary of its response: the right to request flexible working will become a Day One right (it is currently only available to employees with 26...
by Andrew Macmillan | Dec 5, 2022 | News
Could requiring a disabled employee to attend a redundancy selection interview amount to a substantial disadvantage under The Equality Act? Yes, held the Employment Appeal Tribunal (EAT) in the recent case of Hilaire v Luton Borough Council. The first tribunal had...
by Andrew Macmillan | Nov 27, 2022 | News
Is the parties’ intention as to employment status determinative of the question? No, held the Employment Appeal Tribunal (EAT) in the case of Richards v Waterfield Homes Ltd and Unity Build & Repairs Ltd. The original tribunal had concluded that the Claimant was...
by Andrew Macmillan | Nov 21, 2022 | News
Opposition parties, including both Labour and the SNP, will tomorrow table amendments to the Bill during the committee debate in the House of Commons. As it stands, the Retained EU Law (Revocation and Reform) Bill will automatically repeal any retained EU law so that...
by Andrew Macmillan | Nov 18, 2022 | News
As if we didn’t already have enough to worry about! The Chancellor of the Exchequer has just announced a whole raft of new measures in his Autumn budget statement but one that particularly caught our eye was that the UK minimum wage for people over 23 will...
