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Tim Tyndall looks at the rights of workers taking part in industrial action, protections for employers from unofficial action and proposed government reforms of strike laws The main legal remedy available to employers who believe a trade union has made mistakes in the way it has organised industrial action is to apply for an injunction …
Continue reading "Industrial action: Summer strike disruption – understand what’s lawful"
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With the number of employee ownership trusts more than doubling since the end of 2019, Charlie Hewlett, Hugo Brown and Tom Lethaby explain how they work and the potential pros and cons One attractive feature of the employee ownership trust route is that the seller of the target company can remain significantly involved in the …
Continue reading "Share schemes: Employee ownership trusts – what are they and what are the benefits?"
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In the fourth part of this series, Simon Fennell outlines the key issues to consider when drafting notice clauses While the Employment Rights Act imposes a minimum obligation, there is no reason why the employer cannot require the employee to provide a longer period of notice upon resignation and many employers will also be willing …
Continue reading "Demystifying employment contracts: Why it pays to take notice of notice clauses"
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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 …
Continue reading "Legal news: Employment update"
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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 …
Continue reading "The Queen’s Speech: Hamlet without the prince"
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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 …
Continue reading "Constructive dismissal: Resignations and the ‘last straw’ doctrine"
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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 …
Continue reading "Immigration: In with the old"
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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 …
Continue reading "Working from home: Are pay cuts lawful?"
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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 …
Continue reading "Discrimination: ‘Bald’ insult was sex-related harassment, rules tribunal"
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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 …
Continue reading "Covid-19: How to manage anxious returners following recent EAT ruling"
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