Everyone knows that an essential part of a fair dismissal for redundancy is proper consideration of alternative employment, yes? But what does that mean in practice for the employer? In Hendy Group -v- Kennedy, the Employment Appeal Tribunal has taken a look at this principle that everyone knows about and pulled out of it some … Continue Reading
Some employers offer benefits not only to their current employees, but under certain circumstances also offer certain benefits, such as health insurance, to employees who retire from working for them. Employers sometimes modify the terms of benefit policies, programs, and plans for a number of reasons, including to change coverages or eligibility requirements or to … Continue Reading
On June 5, 2025, the United States Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services, No. 23-1039, reviving a lawsuit brought by a heterosexual female employee who alleged she was discriminated against by her employer in favor of less qualified gay candidates. The decision conclusively establishes that the evidentiary burden … Continue Reading
In 2020, Ms Korpysa was told that because of the COVID lockdown, her workplace would be closing. She thought that meant that she was being dismissed, and asked her employer, Impact Recruitment Services Limited, for details of her contract, accrued holiday pay entitlement and (said Impact) her P45. Impact took that as meaning that she … Continue Reading
2023’s EU Directive 2023/970 to “strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms”, also known as the Pay Transparency Directive, must be implemented by European member states by no later than 7 June 2026. With such … Continue Reading
In 2019 a Mr Easton applied for a role with the Home Office to work in the Border Force. As part of that process he was required to fill in (without guidance) a blank box headed “Employment History” which he completed with details of prior roles held and the years in which each had begun … Continue Reading
In these days of fevered and angry social media comment on almost everything, it is always wise for HR to keep its feet anchored firmly on the ground when all that online bile and indignation washes up at the employer’s door. Here to help with that is this week’s Court of Appeal decision in Higgs … Continue Reading
Employers fearing rising labor costs can rest a little easier now after a Texas federal court struck down the U.S. Department of Labor’s (“DOL”) final rule (the “2024 Rule”), which, in July 2024, increased the minimum salary employers are required to pay employees under the executive, administrative, and professional (“EAP”), or “white collar,” exemptions to … Continue Reading
Towards the end of last year, the EAT in De Bank Haycocks v ADP RPO UK Ltd caused a bit of a stir in employment law circles when it suggested that even in smaller-scale redundancy situations (i.e. where collective redundancy consultation obligations are not triggered), there should be “general workforce consultation”. Unhelpfully for employers, it … Continue Reading
So now we finally have a definitive answer to the question of whether being on maternity leave at the time redundancies are declared gives you priority in the selection process. That answer is no. And yes. As we can say entirely definitively, it all depends. Let us take two scenarios. … Continue Reading
Before getting into the detail of last week’s Employment Bill, which we will do here separately, a brief review of its press release. Where new law is proposed, this is usually a good starting point from which to judge the quality of the legislation it supports. On that basis, I think it fair to say … Continue Reading
We first reported in February 2023 on a surprising and alarming decision by the U.S. National Labor Relations Board (NLRB or “the Board”)—In re McLaren Macomb—which concluded that the mere proffer of a severance agreement with broad confidentiality and/or non-disparagement provisions could violate Section 7 of the National Labor Relations Act (NLRA), which protects the … Continue Reading
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
As we have previously reported, in early 2022, Congress passed and President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a law that bans mandatory arbitration of certain sexual assault or sexual harassment claims. Since its enactment, we have tracked some of the procedural challenges … Continue Reading
The California Supreme Court in Bailey v. San Francisco District Attorney’s Office (S265223, July 29, 2024) clarified the circumstances under which a single racial slur by a coworker can lead to employer liability and further expounded on the type of conduct that can constitute an adverse employment action giving rise to a claim of retaliation. … Continue Reading
A recent California Court of Appeal opinion, Shah v. Skillz Inc., (2024) 101 Cal.App.5th 285, addressed two important questions relating to the valuation of stock options that have been the subject of litigation for many years: Are stock options wages? How are damages measured in a claim for breach of a stock option agreement? Although … Continue Reading
If the Financial Conduct Authority is to extend or confirm (depending on what you read) its remit to include non-financial misconduct and specifically bullying and harassment in its fitness and propriety assessment, then the potentially career-ending consequences for those concerned require that we are all very clear as to what those terms mean.… Continue Reading
There will be few in HR who have not at some point heard an employee say that he is so incensed by something said about him the course of disciplinary or grievance procedures that he is going to sue for defamation. This is almost always said in anger and for a great many very sensible … Continue Reading
In an earlier post we looked at how far a settlement agreement could validly waive claims in respect of things which haven’t yet happened. The Scottish Court of Session in Bathgate -v- Technip UK Limited had very sensibly indicated that you can agree not to pursue future rights provided that the settlement agreement contains wording … Continue Reading
Last month the BBC reported the Employment Tribunal’s decision that it was fair to dismiss a Mr Doffou for gross misconduct because he had not paid for a handful of bags he packed his shopping in after his shift. Mr Doffou had been happily employed at Sainsbury’s in Romford for nearly 20 years when given … 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
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
