by Andrew Macmillan | Jan 24, 2023 | News
Some really important news here on Dismissal and Re-engagement processes. BEIS has now published a draft Code of Practice on Dismissal and Re-engagement. The Code is designed to set out good industrial practice when employers need to negotiate/impose changes to terms...
by Andrew Macmillan | Jan 22, 2023 | News
Did the tribunal err in its findings in relation to the Respondent’s knowledge of disability and assessment of the date on which the duty to make reasonable adjustments arose? No, held the Employment Appeal Tribunal (EAT) in the recent case of Preston v E.on...
by Andrew Macmillan | Jan 13, 2023 | News
The government has issued a consultation paper to address the issues arising from the Supreme Court’s judgment last year in the case of Harpur Trust v Brazel. As a result of the Harpur Trust case, part-year workers are entitled to a larger holiday entitlement than...
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...
