It’s not generally too difficult to know when you’ve been dismissed. Your P45 arrives, colleagues avoid eye contact and your entry pass stops working. But sometimes it’s not so clear and where your statutory or contractual rights may hang upon it, you cannot afford not to be sure. In Meaker – v – Cyxtera Technology … Continue Reading
The global economic downturn means that we are likely to see more restructuring and reorganization measures during 2023. Employers need to be aware of compliance with the federal Worker Adjustment and Retraining Notification Act (the federal “WARN” Act), which requires advance notification in the case of plant closings and mass layoffs. Some states have also … Continue Reading
On January 4, the United States Federal Trade Commission (FTC) issued complaints against three employers alleging that they unlawfully imposed non-competition restrictions on employees, including low-wage workers, that barred the employees from seeking or accepting post-termination employment with a competing business. The complaints allege that the employers’ requirement that employees enter into these non-competition agreements … Continue Reading
You would think that in the twenty-plus years since they were first introduced as an alternative to the Acas COT3, all that could be said about the law relating to settlement agreements would have been said. However, along now comes the Scottish Employment Appeal Tribunal in Bathgate –v- Technip UK Limited and Others with a … Continue Reading
Now that we’re almost half-way through 2022, it’s time again to cover all of the development in state and local labor and employment laws. It’s been a busy time in the state legislatures and city councils, with lots of new laws and amendments to existing laws. In fact, due to the large number of updates, … Continue Reading
An interesting development on the old employment relations front this week with the announcement of a new statutory code of practice concerning, well, that strictly remains to be seen. Scarcely able to stand up under the weight of politically-charged invective and hyperbole, the government’s statement refers to “clamping down” on “unscrupulous employers” which fail to … Continue Reading
When an employee leaves, it is often a first step for the business that his personal access to their professional mailbox is cancelled as soon as possible (often even during the exit meeting). But most often that mailbox will remain open for quite some time after the termination, as there is a genuine business concern … Continue Reading
Here is another good question from our What Next webinar a couple of weeks ago. More to follow soon. If someone whose role involves International travel has a medical condition which makes that travel undesirable in a post-pandemic World, would the capability dismissal process be applicable? Probably so, but we need to look at the … Continue Reading
As attention turns increasingly to the practicalities of the physical return to the workplace in what may be little over 3 months, questions of employers’ rights and obligations in relation to testing and vaccination are becoming more common. These are vexed areas which can easily put common interest into conflict with civil liberties. Just how … Continue Reading
All the smart money is on 2021 to see an increased number of grievances and Employment Tribunal claims as the pandemic support regime winds down. Therefore this is probably a good moment to look at the practical lessons to be taken from Cole – v – Elders Voice in the Employment Appeal Tribunal last month … Continue Reading
In June 2020, we added a post to Employment Law Worldview addressing the complicated situation employers are in when employees express – sometime respectfully, sometimes not – different, and indeed, opposite views on COVID-19 issues (e.g., legitimate public health emergency versus hoax or “plandemic”), racial justice (“Black Lives Matter” versus “All Lives Matter”), and politics … Continue Reading
Back in March we posted here a piece about dismissing to protect the employer’s corporate reputation. In that case the employer made a very difficult choice between the claimed (ultimately, actual) innocence of the employee and the harm which continuing to employ him might do if he turned out to be guilty. On the facts, … Continue Reading
“Loss of trust and confidence” is often pleaded as a basis for a fair dismissal, but rarely successfully. Employment Tribunals are astute to employers using it as a short cut to address performance or conduct issues without going through a proper procedure. After all, a dismissal without a fair procedure is going to be unfair … Continue Reading
The logical extension from the discovery that all or most or your staff can work from home without anything catastrophic happening is to ask yourself whether you actually need an office in the first place. Obviously it has potential advantages in terms of staff cohesion and corporate identity, but decisions are being made across the … Continue Reading
“I told you so” has always been one of the least attractive things that one adult can say to another, but I did and I was right, so there. This concerns the question of whether an employer can make any claim under the CJRS for sums paid to employees in respect of their notice period. … Continue Reading
The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission. Judicial review of the way in which religious schools discharge those … Continue Reading
We had several hundred sign-ups to our webinar on effective settlement agreements this week, so unfortunately did not get to deal with all the questions fed in through the chat box thingy on the screen. As promised, here are some of the answers – more to follow shortly.… Continue Reading
On top of the flexible working rules (see Parts 1-3), another piece of existing law likely to get a pandemic-related dusting-off in the months to come is our old friend whistleblowing. If you face what is otherwise a fairly clear redundancy situation because Covid-19 has gutted your employer’s market, what better way of upping the … Continue Reading
With the reopening process well underway in all 50 states, employers are implementing a variety of plans, policies, and protocols to minimize the potential for employee transmission of the coronavirus in the workplace. These plans – discussed in our Employer’s Guide to Return-to-Work Issues – include making physical changes to the workplace, rearranging employee schedules, … Continue Reading
So now that the slow movement back to workplaces has started, the next hot question will be this: “If I don’t want to go back in because I fear infection if I do, can my employer make me?” The short and absolutely definitively answer to this is no. And yes. It cannot compel you to … Continue Reading
In a previous blog, in a world before the coronavirus hit Europe, we noted the social elections that Belgian employers have to organise in 2020 [here] for the appointment of employee representatives to the Works Council and Health & Safety Committee. Being a representative of that sort (and also being a candidate for that role) … Continue Reading
The changes in the economy brought on by coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” present challenges to employers trying to manage their greatest resource – employees. A cross-practice team involving our Tax Strategy & Benefits, Labor & Employment and Data Privacy & Security lawyers have published this alert that identifies some of … Continue Reading
You have tried to counsel, to mediate and to make every adjustment you possibly can, but in the end you have run into a single insurmountable fact about your employee with the attitude – you just can’t bear him any longer. He is the dragging anchor of your otherwise happy little ship and must be … Continue Reading
In January 2018 we wrote about Ribalda –v- Spain, a European Court of Human Rights case in which a number of supermarket employees were awarded compensation for breach of their privacy rights. They had been stealing quite handsomely from their employer over some months, as they freely admitted, but nonetheless thought it entirely improper that … Continue Reading
