It is a normal principle of English employment law that clear notice of termination, once given, cannot be retracted without the consent of the other party. The few cases there are on the point relate mostly to employees resigning in a temper or when their judgement is significantly and visibly impaired through illness or drink, … Continue Reading
What with God, theatre and lesbians, the recent EAT decision in Omooba – v – Michael Garrett Associates and Another might truly be said to be the case that has it all. Sadly the legal points underneath the facts are rather more prosaic, but this ruling is nonetheless worth noting for their possible practical application … Continue Reading
In Belgian law, there are certain periods of employment during which there are greater than usual restrictions on an employer’s ability to dismiss an employee. These include periods of maternity, parental and other types of care leave. Parting company with employees during any period when they are protected against dismissal can become a costly affair, … Continue Reading
Back in October 2022 we reported here on the EAT’s decision in Bathgate -v- Technip UK Limited. This was a particularly unnerving ruling to the effect that settlement agreements could not cover claims yet to arise because of the requirement under section 147 Employment Rights Act that such agreements must relate to “particular claims”. The … Continue Reading
Everyone knows that if there is something about a job which causes a disabled employee particular difficulties with it, the employer is under an obligation to make reasonable adjustments to the role to reduce or remove that disadvantage. But suppose that there are no adjustments to the role which can be made. Does that duty … Continue Reading
In the third of our short series “Workplace Harassment in Germany”, Laura Sparschuh takes a look at some recent court rulings regarding harassment. Awareness of workplace harassment as an issue in Germany has significantly increased over the past couple of years. In many cases of sexual harassment in particular, employers keen to be seen to … 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
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
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
In its judgement in Zabelin -v- SPI Spirits and Shefler this month, the Employment Appeal Tribunal has offered a refresher course on some important questions around protected disclosures, contracting out of statutory rights and when the Acas Code applies. The background facts are relatively simple. Zabelin worked for SPI which is owned by Mr Shefler. … Continue Reading
The Belgian Parliament is currently discussing a draft Bill proposed by Federal Health Minister Frank Vandenbroucke which aims to reverse the growing trend of long-term sickness. About half a million employees have been off sick for more than a year, according to figures from the National Institute for Sickness and Disability Insurance. That’s two-thirds more … Continue Reading
When I tell people I am an Employment lawyer, it is not uncommon for them to assume out loud my days must be filled swinging metaphorical axes and terminating employees on all sides. While I always reassure them that that is not quite the case, today’s blog will not help this misconception disappear. The message … Continue Reading
Here’s the situation: You own a small business that employs 15 employees. You do your best to provide good pay and benefits, but, like many companies, your business has been adversely impacted by lingering effects of the pandemic and the overall sluggishness of the economy. You call an all-hands meeting and reluctantly inform your employees … Continue Reading
Back in November 20201 we reported here on some new Acas guidance on changing terms of employment through dismissal and re-engagement, and in November last year on the Government’s intention to issue a new statutory Code on that practice here. A first draft of that Code has now landed and we can exclusively report that … Continue Reading
So, quick, answer me this – when making redundancies outside the collective consultation rules, do you need to consult with the affected employees about the selection criteria relied upon or only as to the proposed impact of those criteria on that person? Traditional wisdom would point to the latter. The selection criteria are a matter … Continue Reading
Oops. Just found an unanswered question left over from our investigations webinar and blog series earlier in the year. Apologies if it was yours. The question revolves around employer and investigator interactions with the Police where the subject matter of your workplace investigation is potentially criminal conduct, and is maybe best answered as a series … Continue Reading
If I were to rank the employment law questions I receive by popularity, questions around long-term absence, absenteeism and generally how to deal with work incapacity would be right up there, a definite podium finish. The tension between the legitimate frustrations of employers and the no-fault nature of the employees’ absence seems eternal. To give … Continue Reading
Your report is done, so what next? Where does it go now and what should you do with all your papers? As a rule, your “client” for the purposes of the investigation is your employer, not any one or more of the individuals who may have participated in it. It needs to be able to … Continue Reading
As a break from workplace investigations and before Covid’s threatened resurgence as an issue for employers, how about this new slice of “gay cake” case law around what should and should not happen when your religious beliefs clash with the requirements of your job? In Mackereth –v- DWP & Another this week, the claimant was … Continue Reading
As per our previous blog post, very few members of the European Union managed to implement the provisions of the Whistleblowing Directive into their national legislation before the 17 December 2021 deadline for compliance. Germany is one of the countries that failed to meet the deadline, but as in a number of other EU countries, … Continue Reading
Every so often there comes along a case which is not madly interesting on its own facts (stay with me here) but which still serves as a useful future touchstone on a particular issue. If your particular interest is constructive dismissal, and in particular, constructive dismissal through the route of the proverbial last straw, then … Continue Reading
Employee volunteers for redundancy, is then made redundant on the terms offered and yet still claims unfair dismissal. A non-starter, surely? That was the view taken by the Employment Tribunal in White –v- HC-One Oval Limited at the back end of 2020. Ms White had volunteered for redundancy so could reasonably dispute neither the existence … Continue Reading
At our webinar earlier in the month (essentially, Life after Covid plus New Proposals) I promised as usual to respond to participant questions via this blog. Here is the first. Please don’t write in and tell me that Covid isn’t over – I know, but that would be a politically inconvenient truth at present so for … Continue Reading
The idea of a universal four-day working week – with the reduction in working time intended to bolster productivity and wellbeing – is not new. In 1956 Richard Nixon argued (perhaps a little prematurely) that “the four-day work week is inevitable”; from 2007-2011 Republican politicians in Utah redefined the week for State employees as from … Continue Reading
