People and talent management

Blogs from our legal experts:

• UK's post-Brexit immigration system replaces freedom of movement from EU
  The expiry of the Brexit transition period on 31 December 2020 saw the end of EU freedom of movement to and from the UK.  From 1 January 2021 the UK’s new points based immigration system will apply to EU as well as non-EU nationals, marking the most significant change to our immigration system for several decades.

• Coronavirus Job Retention Scheme extended to end of April
  The Chancellor of the Exchequer has announced that the Coronavirus Job Retention Scheme will be extended by a further month, to the end of April 2021. Mr Sunak has also confirmed that the current level of grants will be maintained until the end of the Scheme. Read more...

• Key health and safety protections extend to workers
  The High Court has recently decided that, to comply with EU law, important provisions in the Employment Rights Act which protect employees from victimisation on certain health and safety grounds should also extend to workers. Read more...

• The new "Student visa system" - a reminder 
  International students continue to be a highly valued component of the UK higher education system, and EU / EEA / Swiss nationals will form an important aspect of that student body with effect from 1 January 2021, when the EU transition period concludes...  

• “Typical” menopausal symptoms amounted to a disability
  In what is possibly the first decision of its kind, an employment tribunal has decided that an employee with range of common menopausal symptoms was entitled to the protection of the Equality Act as a disabled person.

• Three key lessons about indirect age discrimination from the Court of Appeal
  The latest age discrimination decision from Court of Appeal is about the lawfulness of changes to the pay structure of the Probation Service in the early days of the public sector pay freeze in 2011. It had to decide whether the agreement negotiated with the union to slow incremental pay progression – which particularly disadvantaged younger workers – amounted to unlawful indirect age discrimination.

• Coronavirus Job Retention Scheme extended for further month
  On 31 October, a few hours before CJRS was due to end, the Prime Minister announced that it would be extended during November and the funding for employers made more generous. The launch of the Job Support Scheme, which was due to start on 1 November, has been postponed.

• Launch of three-tier alert system leaves working from home guidance intact 
  Based on the guidance published on 12 October, the Government’s key message to employers of office-based workers in England has not changed, even in areas on the highest alert level. Read more...

• Job support scheme launch and other COVID news 
  The Chancellor’s launch of a new scheme to protect jobs hit the headlines last week. There have also been a number of other significant national developments over the last few days which include...

• Employment tribunal rule changes aim to increase capacity and cut delays
  The Government has announced some significant changes to the employment tribunal rules of procedure, which will take effect on 8 October. There will also be two changes to the early conciliation rules, applying from 1 December. Read more...

• It can sometimes be fair to dismiss without following any procedure
  A senior manager who was dismissed without any formal procedure has been found to have been fairly dismissed. The EAT has ruled that this case – where the employee was dismissed because of the irretrievable breakdown in relations with her manager...

• Our experience of video hearings in the Employment Tribunal 
  The ‘road map’ published in the Employment Tribunals FAQ document on 1 June 2020 outlines four phases for the listing and hearing of cases between June and December 2020. Read more...

• EAT gives new guidance on scope of Agency Workers Regulations
  The Employment Appeal Tribunal has confirmed that workers who were supplied by an agency to work exclusively and extensively for the Royal Mail were protected by the Agency Workers Regulations. Read more...

• Pressure mounts on Government to implement ethnicity pay reporting 
  Pressure is growing on the UK Government to take more effective action to address racial inequality. There have been a number of reports and enquiries on this subject in recent years, but in most cases little progress on implementation. Of these the consultation on ethnicity pay reporting, which closed in January last year, has probably attracted the least public attention, but might be one of the easiest – and quickest to implement...

• Final details of flexible furloughing Scheme now in place
  The legal framework has now been published for the new, more flexible version of the Coronavirus Job Retention Scheme which launches on 1 July. This is in the form of a third Treasury Direction, published on 26 June. Read more...

• Government confirms that furloughed employees will not lose EMI tax advantages
  ​The government has now announced it will legislate to ensure that employees with EMI options who are furloughed, working reduced hours, or taking unpaid leave as a result of COVID-19 will not lose their EMI tax advantages...

• Settlement payment still due, despite employee’s breach of confidentiality clause
  The High Court has ruled that an employer remained legally liable to pay the remaining sums due under a COT3 settlement, despite the employee’s breach of a confidentiality clause in the settlement agreement. Read more...

• Transfer-related variations void, even though in transferring employees' favour 
  The Employment Appeal Tribunal has ruled that significant enhancements to terms and conditions, agreed by the transferor shortly before a TUPE transfer, were void and so did not bind the transferee.

• ECJ gives guidance on how to determine employment status of Yodel couriers 
  The European Court of Justice has given some important new guidance on how to draw the dividing line between a worker and a self-employed contractor in claims seeking to assert workers’ rights such as holiday pay. Read more...

• Government consultations on support for families and time off – where are we now? 
  The Taylor Review and Good Work Plan have led to a large number of proposals and consultations over the last few years. A number of these consultations have focused on proposals to better support working families.  Recent developments in this area are as follows...

• ECJ gives guidance on how to determine employment status of Yodel couriers
  The European Court of Justice has given some important new guidance on how to draw the dividing line between a worker and a self-employed contractor in claims seeking to assert workers’ rights such as holiday pay.

• New employment practice directions address impact of Covid-19
  Three new or revised employment tribunal practice directions have been published in recent weeks, as the system continues to grapple with the impact of the coronavirus pandemic. 

• Body of employment-related Covid-19 legislation continues to grow
  Over the past few weeks, we have seen more adjustments to eligibility for statutory sick pay to address the pandemic, as well as amendments to the way pay during statutory leave is calculated for furloughed staff. Read more...

• Settlement payment still due, despite employee’s breach of confidentiality clause
  The High Court has ruled that an employer remained legally liable to pay the remaining sums due under a COT3 settlement, despite the employee’s breach of a confidentiality clause in the settlement agreement. This decision doesn’t establish any new law, but is a useful reminder of the contractual framework within which these agreements operate.

• Transfer-related variations void, even though in transferring employees' favour
  The Employment Appeal Tribunal has ruled that significant enhancements to terms and conditions, agreed by the transferor shortly before a TUPE transfer, were void and so did not bind the transferee. 

• New employment practice directions address impact of Covid-19 
  Three new or revised employment tribunal practice directions have been published in recent weeks, as the system continues to grapple with the impact of the coronavirus pandemic. Read more...

• Reporting when a construction worker contracts Coronavirus 
  The Health and Safety Executive have published guidance on the application of the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (“RIDDOR”) during the current pandemic. Read more...

• Enhanced coronavirus guidance published on social distancing at work
  The Government has now published sector-based guidance on how to implement social distancing in the workplace. Read more...

• Supreme Court revisits scope of vicarious liability in two key cases
  The Supreme Court has given two more important rulings on vicarious liability. The first looks at whether the relationship between a GP and Barclays Bank was “akin to employment” when he was engaged to conduct medical examinations for their staff. Read more...

• More guidance issued to help employment tribunal users during pandemic 
  On 19 March, the Presidents of the employment tribunals in England and Wales and Scotland directed that all hearings listed to start by 26 June should be converted to case management hearings by telephone or “other electronic means”. Read more...

• COVID-19 – updated immigration guidance 
  The Home Office is continuing to issue further guidance on the impact of the coronavirus (COVID-19) on immigration requirements. Key recent developments include...

• Coronavirus Act 2020 – Key employment provisions 
  The Coronavirus Act 2020 came into force on 25 March 2020. The Act makes changes to existing legislation to allow public bodies UK-wide to respond effectively to the COVID-19 outbreak.  The measures are temporary and will only be in place for as long as required to respond to the situation. Read more...

• Degree Apprenticeships - a success story
  Anyone who has been following the progress of degree apprenticeships in the press would be forgiven for thinking that the system is in need of significant change. Read more...  

• Brexit, the transitional period and employment rights 
  Thanks to the ratification of the EU Withdrawal Agreement, we are now starting the 11 month transitional period, during which the UK remains subject to EU law without being a member state. What is that likely to mean for UK employment law?

• Unequal pay at the BBC 
  As the tribunal explains, the story starts when the BBC was compelled by its new charter to publish annually details of the remuneration of its most highly paid on-air talent. Read more...

• Ethical veganism can be a protected belief – but what about the broader issues?
  Last week’s employment tribunal ruling that Jordi Casamitjana’s belief in ethical veganism was protected under the Equality Act was not surprising to legal experts – so why was it so widely reported as a “landmark” case?​

• New podcast episode from the employment team
  In this episode Amy O’Brien and Charles Pigott mark the start of the new decade by selecting three key employment law topics that are likely to be prominent in ...

• Unequal pay at the BBC
  Earlier this month an employment tribunal upheld Samira Ahmed’s equal pay claim, based on a comparison of her pay with that of Jeremy Vine. Read more...

• Ten key employment law topics for 2020 
  We have put together our take on the most important developments of 2019 which are likely to be of continued significance as we move into a new decade.

• Can non-employee workers qualify for TUPE protection?
  If Employment Judge Joffe is correct, our current approach to the Transfer of Undertakings Regulations needs a complete re-think...

• Part 1: Social media and defamation in football 
  With Mills having served his one month ban for his betting offence, he is now eligible for selection for Paddington United’s upcoming derby game versus local rivals Euston Athletic.​

• Part 2: Disciplinary proceedings and defamation
  A few minutes of anger channelled through a few hundred ‘characters’ on social media has landed Mills with not one but five different battles to fight.

• Supreme Court resolves Iago conundrum in whistleblowing claim 
  What is the correct legal approach to an unfair dismissal claim if the decision-maker is manipulated by another member of staff with a malign motive? Read more...

• Failure to adjust sickness policy for disabled worker was discriminatory
  The Employment Appeal Tribunal has confirmed that a NHS Trust was in breach of its duty to make reasonable adjustments when it failed to adjust its sickness absence management policy for an employee suffering from chronic fatigue syndrome.

• Covert monitoring not necessarily breach of Article 8 privacy rights 
  The Grand Chamber of the European Court of Human Rights has ruled that the use of covertly obtained CCTV footage to dismiss a group of Spanish employees for theft had not infringed Article 8​...

• Rejecting generous settlement offer not necessarily unreasonable conduct 
  The Employment Appeal Tribunal has overturned an employment tribunal costs order, made mainly because the claimant had turned down two offers of settlement. Read more...

• Supreme Court extends scope of whistleblowing legislation
  The Supreme Court has decided that judges are protected against being victimised for whistleblowing, despite the fact that...

• No religious discrimination involved when preferred gender policy enforced
  Dr Mackereth, a Christian doctor who had worked as a Health and Disabilities Assessor, has lost his claim for religious discrimination against the Department for Health and Pensions. The lengthy employment tribunal judgment provides an instructive example of the difficulties employers can face when​...

• Investigator's report should not subvert role of disciplinary panel 
  The role of the in-house lawyer took centre stage in a recent EAT decision involving the dismissal of an academic. The key issue was...

• Employment law blog: How far are Labour and the Conservatives apart on employment policy? 
  Amid all the distractions of Brexit, the party conference season has presented an opportunity to assess the employment policies of the main political parties as we approach the next general election...

• Workplace shoulder massage not sex-related harassment
  The Employment Appeal Tribunal has upheld a ruling that unwanted physical contact in the form of a shoulder massage...

• Planning for a no-deal Brexit: an update on the immigration implications
  The Government has recently issued updated guidance which provides some clarity on the position of EU nationals in a ‘no deal’ Brexit scenario.

• Brexit and transitional rules for EU nationals – an update
  The Government has now published updated guidance on transitional arrangements for EU nationals that will apply in the event of a ‘no-deal’ exit from the EU.

• Part-year workers entitled to higher rate of holiday pay than other part-time workers 
  The Court of Appeal has added an important caveat to the well-known rule of thumb for calculating holiday pay for casual workers. In Tuesday’s ruling it said... 

• Racially offensive Facebook posting not done in course of employment 
  The Employment Appeal Tribunal has confirmed that an employer was not vicariously liable for the actions of one of its employees when she made a racially offensive posting on her private Facebook page...

• Planning for a no-deal Brexit 
  The Government has recently confirmed that in a ‘no-deal’ Brexit scenario free movement will end on 31 October 2019. However, the Government has also indicated that...

• Employee non-compete clauses: what is acceptable? 
  When hiring for business-critical roles, a tightly worded non-compete clause is often an important element in the contract... 

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