Deciding whether or not an adjustment is reasonable can be challenging for employers. In Hilaire v Luton Borough Council, the Employment Appeal Tribunal (EAT) considered whether there was a duty to make reasonable adjustments where a disabled employee refused to participate in an interview which formed part of a redundancy process when the reason for […]
Menopause and employee rights
At what point can you raise legitimate concerns with an employee whose performance has declined due to menopausal symptoms? What reasonable adjustments do you need to make and what is a reasonable amount of time to give them to improve? Some guidance is provided in the recent case of Ms M Lynskey v Direct Line […]
Without prejudice letter contained effective dismissal
The Employment Appeal Tribunal has supported a Tribunal’s finding that a Claimant’s employment was effectively terminated by a “Without Prejudice” letter containing a dismissal and erroneously referring to termination by “mutual agreement”. In the matter of Meaker v Cyxtera Technology UK Ltd, the Employment Appeal Tribunal held that a“Without Prejudice” letter which included a draft […]
Compensation for an unfair redundancy process
Looking to make just one person redundant? The Employment Appeal Tribunal recently decided that having a redundancy pool of one did not mean that dismissal was inevitable and said that the employee should have received some compensation. This serves to illustrate that you should still follow the full process, even when dismissing just one […]
UK Employment Law changes we can expect in 2023
Various draft bills related to employment are currently progressing through Parliament and could become law in 2023. One such bill is the Retained EU Law (Revocation and Reform) Bill known as the ‘Brexit Freedoms Bill’ or ‘REUL Bill’ which the Government first presented to the House of Commons in September 2022. The aim of the […]
Dismissal for leaving work because of concerns about Covid 19
In the case of Rodgers v Leeds Laser Cutting Limited, the Employment Tribunal (ET) and Employment Appeal Tribunal (EAT) concluded that an employee dismissed for leaving work and refusing to return because of concerns about Covid 19 was not automatically unfairly dismissed. Section 100 of the Employment Rights Act 1996 (ERA) makes the dismissal of […]
Breaching the terms of a settlement agreement
An employer has a legal obligation to abide by the terms and conditions agreed with an employee as part of a settlement agreement. As a result, breaching the terms of the agreement on the part of an employer can have several significant implications, potentially paving the way for damages claims to be brought by the […]
When does workplace banter become harassment?
Discrimination legislation in the UK protects employees from “banter” which has the effect of violating their dignity or creating an intimidating, humiliating, hostile, degrading or offensive environment. Such conduct can amount to harassment if it is related to one of the protected characteristics listed below: – Age Disability Gender reassignment Marriage and civil partnership Pregnancy […]
When are post-termination restriction clauses unreasonable?
Post-termination restriction clauses can be controversial as there are often doubts as to their enforceability. There is currently a public consultation on proposals to reform post-termination non-competition clauses, which might prevent them from being enforced to any degree in the future. We eagerly await the Government’s response to this consultation. At present, post-termination restrictions are […]
How should employers deal with accusations of workplace bullying?
Allegations of workplace bullying are sadly all too common. Employers have a duty to take reasonable care of the health and safety of their staff and this includes those facing such allegations of bullying. These duties arise under common law, and health and safety legislation and are also an implied term of the employment contract. […]
What does UK Employment Law say about employee holidays?
Holiday entitlement seems straightforward, but small business owners can find themselves in hot water when it comes to the rights of employees to take time off for holidays. The Working Time Regulations give all workers the right to paid holidays, irrespective of the hours they work. However, the definition of ‘worker’ in the UK is […]
Employee benefits in a post-pandemic world
The sweeping impact of the COVID-19 pandemic has shifted how, when and where millions of people work. Firms that previously did not allow remote working under any circumstances changed their tune and offered flexible working options. As part of this broader change, companies also altered the benefits they offered to newly hired and existing workers. […]