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Charles Pigott
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The Government has now offered an explanation for the absence of an Employment Bill in the 2021 Queen’s Speech. In a response to a letter from the Chairs of the Work and Pensions and BEIS Committees, the BEIS Secretary Kwasi Kwarteng has said that the Bill will be brought forward... Continue reading
Posted Jun 8, 2021 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has confirmed that once an employer has committed a fundamental breach of contract, the employee does not have to accept an offer to make amends, but remains entitled to rely on the breach and bring a claim for constructive unfair dismissal. This principle of employment law... Continue reading
Posted Jun 7, 2021 at Mills & Reeve: HR Law Live
A recent decision from the Employment Appeal Tribunal involving a worker diagnosed with Asperger’s syndrome offers new guidance on the correct approach to assessing whether workers with neurological impairments are protected by the Equality Act. The claimant had worked for Dorset County Council as a geographical information systems manager for... Continue reading
Posted May 17, 2021 at Mills & Reeve: HR Law Live
In one of the first tribunal cases to emerge from the first national lockdown, an employment tribunal has ruled that an employee had been fairly dismissed for refusing to come into work. Mr Rodgers had worked for Leeds Laser Cutting as a laser operator since June 2019. Mr Rodgers texted... Continue reading
Posted May 11, 2021 at Mills & Reeve: HR Law Live
In a significant recent decision, the Employment Appeal Tribunal has decided that workers are not entitled to payment on termination for annual leave which has been taken but not paid for in previous years. The case centred on the application of an earlier decision from the European Court of Justice,... Continue reading
Posted Apr 19, 2021 at Mills & Reeve: HR Law Live
Although there will be comparatively few changes to substantive employment law this Spring when compared to previous years, there are still a number that are worth noting. Immigration: Some significant changes to the UK’s immigration rules will take effect on 1 April, including updating the shortage occupation list. We explain... Continue reading
Posted Mar 31, 2021 at Mills & Reeve: HR Law Live
Asda's final appeal against the employment tribunal’s ruling on the issue of comparators has now been dismissed by the Supreme Court. In doing so it has signalled the need to apply the equal pay legislation “with confidence…with Parliament’s purpose clearly in mind.” The claimants and their proposed comparators worked at... Continue reading
Posted Mar 30, 2021 at Mills & Reeve: HR Law Live
The Government has published a Statement of Changes to the UK Immigration Rules which contains changes to work and study visa routes from April 2021. This followed hot on the heels of other changes announced by the Chancellor in the Budget on 3 March 2021. Key changes of relevance to... Continue reading
Posted Mar 15, 2021 at Mills & Reeve: HR Law Live
In two related appeals, the Court of Appeal has explored the limits that employers can legitimately place on the freedom of expression of their senior staff. Richard Page, the appellant in both appeals, is a Christian with strongly-held religious beliefs about homosexuality. He was both a lay magistrate and a... Continue reading
Posted Mar 11, 2021 at Mills & Reeve: HR Law Live
Now that the guidance has been updated following the Chancellor’s announcement in last week’s budget, we know a little more about how the latest extension of the Coronavirus Job Retention Scheme will work. For more information, see our recently updated FAQ document. The key points can be summarised as follows:... Continue reading
Posted Mar 8, 2021 at Mills & Reeve: HR Law Live
The Supreme Court has confirmed that Yaseen Aslam and a small group of other drivers had the status of workers, not self-employed contractors, when working for Uber. In doing so it has upheld the decision of the employment tribunal in 2016, and agreed with the rulings of the Employment Appeal... Continue reading
Posted Feb 22, 2021 at Mills & Reeve: HR Law Live
The Treasury has issued a Direction which disapplies the Regulations which introduced a cap on public sector exit payments in November last year. That means that the cap ceased to apply from 12 February, pending revocation of the Regulations. It also means that the exit payments of employees with termination... Continue reading
Posted Feb 15, 2021 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has upheld an employment tribunal’s decision to reject an employer’s defence to a racial harassment claim, based on training which had been delivered several years before the events in question and was “clearly stale”. Under the Equality Act, an employer is liable for acts of harassment... Continue reading
Posted Feb 11, 2021 at Mills & Reeve: HR Law Live
After giving mixed messages last month about a planned review of workers’ rights, the new Business Secretary Kwasi Kwarteng has now conceded that the review “is no longer happening” in his department. It is unclear what has led to this change of heart, but it is reasonable to assume that... Continue reading
Posted Feb 10, 2021 at Mills & Reeve: HR Law Live
A decision from the Employment Appeal Tribunal last month, about whether interim relief should be available in discrimination claims, has highlighted the significant benefits of this remedy for claimants, particularly while waiting times for employment tribunal hearings continue to increase. The decision questions why interim relief is available in certain... Continue reading
Posted Jan 27, 2021 at Mills & Reeve: HR Law Live
To mark the beginning of the new year, we have prepared a review of the key developments of 2020 and reflected on their continued significance into 2021. We have grouped our thoughts around 10 key topics including: Health and safety during the pandemic; Redundancy and the Coronavirus Job Retention Scheme;... Continue reading
Posted Jan 11, 2021 at Mills & Reeve: HR Law Live
The expiry of the Brexit transition period on 31 December 2020 saw the end of EU freedom of movement to and from the UK. From 1 January 2021 the UK’s new points based immigration system will apply to EU as well as non-EU nationals, marking the most significant change to... Continue reading
Posted Jan 4, 2021 at Mills & Reeve: HR Law Live
The Chancellor of the Exchequer has announced that the Coronavirus Job Retention Scheme will be extended by a further month, to the end of April 2021. Mr Sunak has also confirmed that the current level of grants will be maintained until the end of the Scheme. Under the plans announced... Continue reading
Posted Dec 17, 2020 at Mills & Reeve: HR Law Live
A recent ruling from the Employment Appeal tribunal is a reminder that, where a business does not close completely, the statutory definition of redundancy focuses on the number of employees required to do work of a particular kind. This does not always amount to the same thing as looking at... Continue reading
Posted Dec 3, 2020 at Mills & Reeve: HR Law Live
The High Court has recently decided that, to comply with EU law, important provisions in the Employment Rights Act which protect employees from victimisation on certain health and safety grounds should also extend to workers. While most general health and safety protections apply to all individuals working in the workplace,... Continue reading
Posted Dec 1, 2020 at Mills & Reeve: HR Law Live
In what is possibly the first decision of its kind, an employment tribunal has decided that an employee with range of common menopausal symptoms was entitled to the protection of the Equality Act as a disabled person. We don’t have any information about the underlying dispute, because this decision was... Continue reading
Posted Nov 26, 2020 at Mills & Reeve: HR Law Live
Those following the Priti Patel news story in recent days might be forgiven for assuming that bullying and harassment needs to be intentional. However that is not the case, at least as far as the legal definition of harassment in the Equality Act is concerned. Paragraph 1.2 of the Ministerial... Continue reading
Posted Nov 24, 2020 at Mills & Reeve: HR Law Live
The latest age discrimination decision from Court of Appeal is about the lawfulness of changes to the pay structure of the Probation Service in the early days of the public sector pay freeze in 2011. It had to decide whether the agreement negotiated with the union to slow incremental pay... Continue reading
Posted Nov 12, 2020 at Mills & Reeve: HR Law Live
Revised guidance published yesterday confirms that the detailed ground rules for the operation of the extended CJRS will remain broadly similar to those of the original Scheme which ended on 31 October. There are however a number of significant differences, which are explained in more detail here. The key points... Continue reading
Posted Nov 11, 2020 at Mills & Reeve: HR Law Live
On 31 October, a few hours before CJRS was due to end, the Prime Minister announced that it would be extended during November and the funding for employers made more generous. The launch of the Job Support Scheme, which was due to start on 1 November, has been postponed. Apart... Continue reading
Posted Nov 1, 2020 at Mills & Reeve: HR Law Live