Rule 37 of the 2013 ET Rules of Procedure contains the Tribunal’s nuclear deterrent, the power to strike out part or all of a claim or defence. That big red button can only be pushed for a small number of specified reasons including (for today’s purposes) Rule 37(b) that the manner in which proceedings have … Continue Reading
Since the beginning of the COVID-19 pandemic in March of 2020, teleworking has been at the forefront of work-life-balance conversations and has become an increasingly popular option for employees. Not only did it make sense for most, but it called into question the true commitment required to pay for a higher cost of living, particularly … Continue Reading
This week saw the issue of what will probably be the final version of the Government’s statutory Code of Practice on dismissal and re-engagement. This follows the consultation on an earlier version which we covered here. The new Code comes accompanied by some Guidance which is an unusually, in fact disconcertingly, helpful summary of the … Continue Reading
Two recent cases on how Employment Tribunals should handle the inappropriate conduct of proceedings by claimants have shed some useful light on their more punitive powers. Both decisions made clear that the ET is far more interested in getting to a fair trial of the issue despite such conduct than in thumping claimants because of … Continue Reading
If there was ever any doubt that Trade Unions target their dates for industrial action to cause maximum inconvenience (think train drivers striking on the day of major sporting events, or binmen striking at Christmas), then Deliveroo and other food delivery company drivers striking on Valentines Day surely put that to bed. Scant consolation for … Continue Reading
Hollywood studios, the Big Three automakers and Starbucks were just some of the employers impacted by a remarkable surge in labor strikes called by unions in 2023. Nearly 350 strikes took place in 2023 – the most in two decades. According to data released by Bloomberg Law,[1] 345 strikes were called in 2023, along with … Continue Reading
“We conduct investigations in line with all applicable laws and regulations.” Easy for you to say, but what does that mean in practice? In part one, Laura Sparschuh discussed the options available to employees in Germany when reporting cases of workplace harassment. In this second article, Anna-Maria Hesse and Laura highlight what employers need to … Continue Reading
Faced with the inconvenient truth that we’ll all need to work longer to keep state pensions affordable, the Belgian government is focusing more intensely on employee training to ensure that the country’s workforce remains up-to-date and equipped with employable professional skill sets throughout their career.… Continue Reading
On February 8, 2024, the U.S. Supreme Court unanimously decided in Murray v. UBS Securities, LLC, et al. that employees bringing whistleblower claims against their employer under the Sarbanes-Oxley Act (SOX) need not prove that, in taking adverse action against them, their employer intended to retaliate against them due to their protected whistleblowing activity. The … Continue Reading
The ancient art of fiddling while Rome burns is obviously still flourishing in government, as witness the release last week of a new consultation paper on fees for Employment Tribunal claimants. My colleague Alexander Bradbury has the official line here. We have been this way before. The ET started charging claim and hearing fees in … Continue Reading
Not surprisingly, California is once again passing employment laws that impact companies beyond the state. Specifically, the Golden State is continuing its war against noncompete clauses to conform to case law stating that such clauses are void for any employee working in California — even if the employment contract containing the noncompete was signed in … Continue Reading
In 2013, the Government introduced fees for bringing claims to the Employment Tribunal and the Employment Appeal Tribunal. Although they were then abolished following a Supreme Court ruling in 2017, the issue is back in the spotlight and the subject of fee-rocious debate once more following the publication of a Government consultation into their re-introduction. … Continue Reading
If you terminate an employee in Belgium you will often need to pay a severance indemnity. This is calculated in part by reference to the employee’s pay for his notice period. It is calculated on the “full salary”, including not just base salary, 13th month and vacation pay, but also all other benefits enjoyed by … Continue Reading
The Department of Homeland Security (DHS) recently announced updates to the H-1B visa lottery process, availability of online H-1B filings, and increases to most U.S. Citizenship and Immigration Services (USCIS) petition filing fees. The H-1B visa lottery and online filing changes will go into effect before the next lottery opens on March 6, 2024, and … Continue Reading
There are several key immigration developments in the pipeline which are likely to affect UK employers. Here’s what you need to know: 6 February 2024: Visa Application costs increase The Immigration Health Surcharge is increasing from £624 to £1,035 per year for most adult UK visa applications from today, 6 February 2024. For under-18s, students … Continue Reading
On January 12, 2024, the District of Columbia joined a growing list of jurisdictions with wage transparency laws after Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023 (the “Act”). The Act amends parts of the Wage Transparency Act of 2014, as well as introduces several new employee-friendly requirements that … Continue Reading
