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Employment - Legal Updates

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Sep
09
2020

Redundancy - reasonableness is judged on whether dismissal could be avoided
#Employment

In the recent case of Aramark (UK) Limited v Fernades, the EAT held that it was not unreasonable for an employer to decide not to include the Claimant on a list of bank workers in a redundancy situation. ...

Sep
03
2020

Re-Engagement may not be suitable if employer has lost trust in employee’s abilities
#Employment

In the case of Kelly v PGA, the EAT held that an employment tribunal was wrong to make an order of re-engagement as the employer had lost trust and confidence in an employee’s ability to carry out his role, and this belief was rationally held....

Sep
03
2020

Redundancy FAQs for employees
#Employment

I have only worked for my employer for a short time, am I entitled to redundancy pay?...

Aug
28
2020

Decision to suspend employee was “overly hasty”
#Employment

In Stothard v Durham University, the Claimant was suspended following media ...

Aug
26
2020

HMRC contacting employers who may have misused the CJRS Scheme
#Employment

It has been reported that from 20 August the HMRC has been issuing weekly letters to employers who it believes may have mistakenly claimed under the Coronavirus Job Retention Scheme ...

Aug
21
2020

Unusual circumstances allow a dismissal with no procedure.
#Employment

In Gallacher v Abellio Scotrail, the Employment Appeal Tribunal (EAT) held that, in rare circumstances, an employee can be fairly dismissed without any procedure, including the absence of an appeal. ...

Aug
21
2020

Equal Pay: material factors don’t just evaporate
#Employment

In Walker v Co-operative Group Limited, the Claimant was promoted in early February 2014 to the role of Group Chief HR Officer, with a salary of £215,000. This was her first executive role at this level....

Aug
14
2020

ICO Fines – Don’t fall foul of the rules
#Employment

Back in March, Cathay Pacific were fined £500,000 for failing to protect the security of its customers’ personal data....

Aug
12
2020

Confidentiality Clauses in Settlement Agreements and NDA’s – has anything changed?
#Employment

It is well known that a select number of individuals and companies used confidential clauses in Non-Disclosure Agreements (NDAs) and Settlement Agreements to prevent the reporting of misconduct to organisations ...

Aug
12
2020

The Increased Prevalence of Settlement Agreements
#Employment

A settlement agreement is a contract entered into by an employer and employee whereby the employee agrees to waive certain claims they may have in return for some form of consideration. Usually the agreement will involve an end to the employment relationship but not always. ...

Aug
11
2020

Furlough: Report suggests continued working and lack of equality
#Employment

The Guardian has reported that, according to a recent report, two thirds of workers continued to work whilst they were furloughed, contrary to the rules of the scheme. Of these, 22% of men and 17% of women said that they were formally asked to continue working by their employer....

Aug
11
2020

Successful court case for unfair dismissal, sex discrimination and equal pay
#Employment

The Clarkslegal employment team lead by Managing Partner, Monica Atwal were pleased to support Nadine in her successful unfair dismissal, sex discrimination and equal pay case against Splunk....

Aug
10
2020

The CBI’s 6-step action plan for “no surprise” local lockdowns
#Employment

At the end of July we saw the Health Secretary, Matt Hancock, make a last-minute announcement on Twitter of new local lockdown impositions, which were due to come into force less than three hours after his tweet had been posted online. The way in which the Government ...

Aug
07
2020

Can employers make COVID-19 testing mandatory?
#Employment #Health & Safety

Government guidance sets out that anyone who has COVID-19 symptoms, however mild, should be tested. As employers have a duty to protect the health and safety of their employees, which includes mitigating the risks of COVID-19, it is likely that employers can justify a mandatory requirement for employees who exhibit symptoms to be tested in order to meet this duty....

Aug
05
2020

"Self-employed” hairdresser found to be employee
#Employment

The Claimant, a hairdresser, sought to pursue claims for unfair dismissal, notice pay, holiday pay and redundancy pay following ...

Jul
30
2020

Furlough: increased redundancy and notice pay for some employees
#Employment

The government has announced today a new law, effective from tomorrow (31 July 2020) introducing changes regarding payments on termination of employment to employees who are, or have been, furloughed....

Jul
29
2020

Settlement offers and redundancies: the cost of getting it wrong
#Employment

As the furlough scheme starts to be phased out from the end of this week, the ongoing economic Covid-19 related downturn means that increasing numbers of businesses are having to announce redundancies....

Jul
28
2020

Furlough and COVID-19 Employer Obligations Update
#Employment #Podcasts and Webinars

A new report by the federation of small businesses found that almost 25% of companies have already reduced their staff numbers in the last quarter, ...

Jul
22
2020

Unconscious Bias in the Workplace
#Employment

Earlier this month, after being criticised for comments he made about the Black Lives Matter movement, Labour party leader Sir Keir Starmer made a promise during his LBC radio show that he would undertake unconscious bias training. ...

Jul
22
2020

Employment contracts can be split between multiple transferees
#Employment

UK Case law has established that TUPE can still apply to business transfers where the undertaking is transferred to multiple transferees provided the undertaking does not lose its identity. Further, TUPE can apply to service provision changes in the same circumstances provided it is possible to identity to which contractor the individuals transfer....

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