This is Charles Pigott's Typepad Profile.
Join Typepad and start following Charles Pigott's activity
Join Now!
Already a member? Sign In
Charles Pigott
Recent Activity
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
The Government has published new legislation on a week’s pay which comes into effect on 31 July. Its aim is to clarify the dismissal-related rights of employees who have been furloughed under the Coronavirus Job Retention Scheme, which ends on 31 October. The basic idea is to ensure that statutory... Continue reading
Posted Jul 30, 2020 at Mills & Reeve: HR Law Live
The Government has published further details about the new immigration system that is due to be implemented from 1 January 2021. The Further Details statement builds on the policy statement that was issued in February 2020. European freedom of movement will end on 31 December 2020 and the new system... Continue reading
Posted Jul 16, 2020 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has confirmed that workers who were supplied by an agency to work exclusively and extensively for the Royal Mail were protected by the Agency Workers Regulations. This is third time the EAT has had to consider the definition of an agency worker for the purposes of... Continue reading
Posted Jul 16, 2020 at Mills & Reeve: HR Law Live
Pressure is growing on the UK Government to take more effective action to address racial inequality. There have been a number of reports and enquiries on this subject in recent years, but in most cases little progress on implementation. Of these the consultation on ethnicity pay reporting, which closed in... Continue reading
Posted Jul 2, 2020 at Mills & Reeve: HR Law Live
The government has now announced it will legislate to ensure that employees with EMI options who are furloughed, working reduced hours, or taking unpaid leave as a result of COVID-19 will not lose their EMI tax advantages. Enterprise Management Incentive (EMI) options are a popular way for employers to incentivise... Continue reading
Posted Jul 1, 2020 at Mills & Reeve: HR Law Live
The legal framework has now been published for the new, more flexible version of the Coronavirus Job Retention Scheme which launches on 1 July. This is in the form of a third Treasury Direction, published on 26 June. The third Treasury Direction largely confirms the changes which were initially announced... Continue reading
Posted Jun 29, 2020 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has ruled that significant enhancements to terms and conditions, agreed by the transferor shortly before a TUPE transfer, were void and so did not bind the transferee. The dispute arose following the appointment of a new management company by the owners of the Berkeley Square Estate.... Continue reading
Posted May 27, 2020 at Mills & Reeve: HR Law Live
The High Court has ruled that an employer remained legally liable to pay the remaining sums due under a COT3 settlement, despite the employee’s breach of a confidentiality clause in the settlement agreement. This decision doesn’t establish any new law, but is a useful reminder of the contractual framework within... Continue reading
Posted May 27, 2020 at Mills & Reeve: HR Law Live
Over the past few weeks, we have seen more adjustments to eligibility for statutory sick pay to address the pandemic, as well as amendments to the way pay during statutory leave is calculated for furloughed staff. Shielded employees and SSP On 16 April, eligibility for Statutory Sick Pay was extended... Continue reading
Posted May 7, 2020 at Mills & Reeve: HR Law Live
Three new or revised employment tribunal practice directions have been published in recent weeks, as the system continues to grapple with the impact of the coronavirus pandemic. Looking beyond its immediate impact, there have also been two new policy-related developments, both of which could shape the future of employment tribunal... Continue reading
Posted May 7, 2020 at Mills & Reeve: HR Law Live
The European Court of Justice has given some important new guidance on how to draw the dividing line between a worker and a self-employed contractor in claims seeking to assert workers’ rights such as holiday pay. A Yodel parcel delivery courier claimed that he was a worker for the purposes... Continue reading
Posted May 5, 2020 at Mills & Reeve: HR Law Live
The Taylor Review and Good Work Plan have led to a large number of proposals and consultations over the last few years. A number of these consultations have focused on proposals to better support working families. Recent developments in this area are as follows: Neonatal leave and pay In March... Continue reading
Posted Apr 20, 2020 at Mills & Reeve: HR Law Live
Employers will have been sent links on Friday evening by HMRC to some newly published calculation guidance to assist them with making claims under the Scheme in time for the opening of the portal today. This needs to be read together with the fifth revision of the employer's guidance, also... Continue reading
Posted Apr 20, 2020 at Mills & Reeve: HR Law Live
The Treasury has now published a formal direction to HMRC which sets out the legal basis for the administration of the Coronavirus Job Retention Scheme. The previously published guidance (now revised for the fourth time) needs to be read in the light of this direction. The headline news is that... Continue reading
Posted Apr 16, 2020 at Mills & Reeve: HR Law Live
The measures being taken to try to reduce the spread of Covid-19 have meant that more employees are working from home than ever before. For some, home working is a concept they were already used to. For others, it is a big change which presents many challenges. Acas has published... Continue reading
Posted Apr 15, 2020 at Mills & Reeve: HR Law Live