June 2022 #231 – Law Journals

Legal news: Employment update

Antonia Blackwell rounds up recent developments affecting employers and their advisers It is vital to inform the employment tribunal as soon as it becomes clear that oral evidence from abroad may be needed to avoid, as much as possible, any delays in the tribunal process. New presidential guidance on giving oral evidence from abroad The …

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The Queen’s Speech: Hamlet without the prince

Stefan Martin and Jo Broadbent comment on the bills in the Queen’s Speech that will be relevant to employment law, despite the Employment Bill’s absence Commentators for employers and employees alike have suggested that the Queen’s Speech is a missed opportunity to safeguard worker rights. At the beginning of the year, there was a general …

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Constructive dismissal: Resignations and the ‘last straw’ doctrine

Mark Stevens reviews a recent EAT case in which a series of errors by an employer amounted to a fundamental breach of contract The tribunal should have considered whether, from Mr Craig’s perspective, the failure to pay was part of a pattern of mistreatment. To bring a successful claim for constructive dismissal, an employee must …

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Immigration: In with the old

The government’s 2022 immigration changes offer little assistance to employers struggling with labour shortages, warns Samar Shams The global business mobility rules bring a number of existing routes under one umbrella, with modifications. In 2022, the government is introducing the last pieces of its post-Brexit immigration system. A new high-potential individual visa has just come …

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Working from home: Are pay cuts lawful?

Martin Williams examines the legal and practical risks of cutting pay for staff who work remotely Taking money away from an employee who has proven that they can work remotely is not conducive to a positive employment relationship. The continuing impact of the Covid-19 pandemic is hard to underestimate. The numbers of those infected and …

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Discrimination: ‘Bald’ insult was sex-related harassment, rules tribunal

Calling an employee ‘bald’ tipped his case from mere bullying to unlawful conduct under the Equality Act, reports Justin Tarka Although there is a requirement in harassment cases for there to be a connection to a protected characteristic, the ‘related to’ requirement is very broad. A recent employment tribunal case involving an unusual allegation of …

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Covid-19: How to manage anxious returners following recent EAT ruling

Brigitte Weaver considers the lessons for employers from the first appellate-level decision on whether it was automatically unfair to dismiss an employee for refusing to work due to concerns about Covid-19 It is not enough that an employee has genuine concerns about the pandemic and the risks to their family’s health in general. The employee …

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Demystifying employment contracts: Key considerations for drafting effective post-termination restrictions

In the third part of our series, Nick Hawkins looks at different types of restrictive covenant and how to ensure they are enforceable One difficulty for employers is that the courts will consider the reasonableness of the restriction as at the date the employee entered into it, which will usually be when they started employment. …

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