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Charles Pigott
Recent Activity
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 4 days ago 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
A recently published Employment Appeal Tribunal decision explores when a grief reaction is sufficiently severe and long-term to amount to a disability. As always, it is necessary to look carefully at the statutory definition of disability to determine whether or not it is satisfied. In this context the key questions... Continue reading
Posted Oct 19, 2020 at Mills & Reeve: HR Law Live
Regulations implementing the £95,000 cap on public sector exit payments were made yesterday (14 October) and take effect on 4 November. The Regulations apply to most public sector organisations (including NHS bodies, local authorities and Central Government) as well as some arms-length bodies and cultural institutions. The full list of... Continue reading
Posted Oct 15, 2020 at Mills & Reeve: HR Law Live
Based on the guidance published on 12 October, the Government’s key message to employers of office-based workers in England has not changed, even in areas on the highest alert level. The current guidance derives from the Prime Minister’s announcement of the previous round of new coronavirus restrictions on 22 September,... Continue reading
Posted Oct 14, 2020 at Mills & Reeve: HR Law Live
The Government has published a fourth job retention direction which provides the legal framework for the Job Retention Bonus announced in July. Supplemental guidance has also been published. Key requirements The key requirements that need to be fulfilled to qualify for the £1000 per job bonus remain as follows: Each... Continue reading
Posted Oct 7, 2020 at Mills & Reeve: HR Law Live
The Chancellor’s launch of a new scheme to protect jobs hit the headlines last week. There have also been a number of other significant national developments over the last few days. These include: revisions to Government guidance on working from home an important joint statement on managing redundancies new legal... Continue reading
Posted Sep 28, 2020 at Mills & Reeve: HR Law Live
The Government has announced some significant changes to the employment tribunal rules of procedure, which will take effect on 8 October. There will also be two changes to the early conciliation rules, applying from 1 December. The detailed changes are set out in new regulations which were published on 18... Continue reading
Posted Sep 21, 2020 at Mills & Reeve: HR Law Live
The latest EAT unfair dismissal decision involving child protection issues underlines the importance of framing disciplinary charges correctly. In this case, the failure to make it clear that the employer was concerned about reputational damage, as well as possible misconduct, was one reason why the dismissal of a school teacher... Continue reading
Posted Sep 8, 2020 at Mills & Reeve: HR Law Live
A senior manager who was dismissed without any formal procedure has been found to have been fairly dismissed. The EAT has ruled that this case – where the employee was dismissed because of the irretrievable breakdown in relations with her manager – provides a rare example of a scenario where... Continue reading
Posted Sep 2, 2020 at Mills & Reeve: HR Law Live
A recent ECJ ruling suggests it is possible to split the hours of a transferring employee between different transferees. This could transform our understanding of TUPE in the UK, where it is currently assumed that an employee can only transfer to one new employer, even where the business in which... Continue reading
Posted Sep 1, 2020 at Mills & Reeve: HR Law Live
It has been a particularly difficult time for apprentices during the pandemic. New starts have fallen dramatically (particularly in the 16-18 age group), off the job training arrangements and assessments have been disrupted or deferred and many have been furloughed or made redundant. But three new developments taking effect at... Continue reading
Posted Aug 5, 2020 at Mills & Reeve: HR Law Live