Employment Law Archive

November

  • 22 Nov 2023
    2023
    Employment Law

    EmpLaw Newsletter November 2023

    Employees and workers are only able to claim discrimination on the grounds of religion or belief if their religion or belief is held to be protected under the Equality Act 2010. In law, it is not always easy to work out if someone’s view or opinion would constitute a protected belief. In the ...

October

  • 20 Oct 2023
    2023
    Employment Law

    EmpLaw Newsletter October 2023

    The Retained EU Law (Revocation and Reform) Act has now come into force. The Act aims to set-out the road-map for how EU-derived case law and legislation will be used after the supremacy of EU Law in the UK ends on 31 December 2023. The Act has lost much of its potential explosive impact ...

September

  • 29 Sep 2023
    2023
    Employment Law

    EmpLaw Newsletter September 2023

    Back in Spring 2022 the Secretary of State, through the passing of the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (the Regulations), revoked the historic prohibition on employers using agency workers to replace striking workers. The legality of the ...

July

  • 25 Jul 2023
    2023
    Employment Law

    EmpLaw Newsletter July 2023

    A recent Employment Appeal Tribunal decision has set out further guidance on how tribunals should approach the issue of employment status following the landmark decision of the Supreme Court in Uber BV v Aslam. In Manning v Walker Crips Investment Management Limited the Claimant was engaged as ...

June

  • 09 Jun 2023
    2023
    Employment Law

    EmpLaw Newsletter June 2023

    In the leading case on employment status, Uber BV and others v Aslam (2021), the Supreme Court warned against treating the terms of the contract as the starting point in determining whether an individual is a worker or an employee. This is because contract terms don’t necessarily reflect reality ...

May

  • 16 May 2023
    2023
    Employment Law

    EmpLaw Newsletter May 2023

    Restrictive covenants are used in employment contracts to restrict employees for a period of time after they leave their employment. The aim is to limit the damage that a departing employee can do to their old employer but there is always a balance to be struck as, by their very nature, they ...

April

  • 24 Apr 2023
    2023
    Employment Law

    EmpLaw Newsletter April 2023

    You might think that it would be tricky for an employer to dismiss an employee without meaning to. A recent Employment Appeal Tribunal decision highlights the importance of careful drafting when making offers of settlement to an employee.

March

  • 22 Mar 2023
    2023
    Employment Law

    EmpLaw Newsletter March 2023

    There is a one-off bank holiday on Monday 8 May 2023 to celebrate King Charles’ coronation. Are your staff entitled to an extra day’s paid holiday, and can they insist on taking it on 8 May? The answer depends on the wording of your employment contracts.

February

  • 15 Feb 2023
    2023
    Employment Law

    EmpLaw Newsletter February 2023

    Res judicata is a Latin phrase which means ‘a matter judged’. It is a legal principle used to prevent someone from pursuing a claim that has already been dealt with by the courts. In a recent case, an employee asked the EAT to overturn a finding of fair dismissal after an employer reopened ...

January

  • 17 Jan 2023
    2023
    Employment Law

    EmpLaw Newsletter January 2023

    Sections 100(1)(d) and (e) of the Employment Rights Act 1996 provide employees with protection from dismissal if they leave the workplace, refuse to return to it, or take other steps to protect themselves if they reasonably believe there is serious and imminent danger. The first Covid-related ...