Employment and Pensions - DAC Beachcroft

Employment and Pensions

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Articles & newsletters (179)

Without prejudice: Exaggerated allegations did not fall within the “unambiguous impropriety” exception to the without prejudice rule

Without prejudice: Exaggerated allegations did not fall within the “unambiguous impropriety” exception to the without prejudice rule

10 junio 2022

Sex discrimination: Failure to provide workplace facilities to express breastmilk was sexual harassment

Sex discrimination: Failure to provide workplace facilities to express breastmilk was sexual harassment

10 junio 2022

Disability discrimination: Long Covid

Disability discrimination: Long Covid

10 junio 2022

Exclusivity clauses: Banning exclusivity clauses in employment contracts for low paid workers

Exclusivity clauses: Banning exclusivity clauses in employment contracts for low paid workers

10 junio 2022

Government announces a review of the future of work

Government announces a review of the future of work

10 junio 2022

Government publishes review into health and care leadership

Government publishes review into health and care leadership

10 junio 2022

Employment Matters - June 2022 C + FS

Employment Matters - June 2022 C + FS

10 junio 2022

Employment Matters - June 2022 HEALTH

Employment Matters - June 2022 HEALTH

10 junio 2022

Employment Matters - May 2022

Employment Matters - May 2022

09 mayo 2022

Automatic Unfair Dismissal and Covid-19

Automatic Unfair Dismissal and Covid-19

09 mayo 2022

Employment Matters - April 2022 - C

Employment Matters - April 2022 - C

07 abril 2022

Employment Matters - April 2022 FS

Employment Matters - April 2022 FS

07 abril 2022

Agency workers: The right to be informed of vacancies is just that

Agency workers: The right to be informed of vacancies is just that

07 marzo 2022

Settling claims: Drafting COT3s to settle future claims

Settling claims: Drafting COT3s to settle future claims

07 marzo 2022

Termination of employment: Bringing forward the date of resignation

Termination of employment: Bringing forward the date of resignation

07 marzo 2022

Worker status: Irreducible minimum of obligation

Worker status: Irreducible minimum of obligation

07 marzo 2022

Diversity Monitoring Projects: Navigating data protection in an employment context

Diversity Monitoring Projects: Navigating data protection in an employment context

07 marzo 2022

Employment Matters - March 2022

Employment Matters - March 2022

07 marzo 2022

Vicarious liability: Is an employer liable for injuries caused by its employees’ practical jokes?

Vicarious liability: Is an employer liable for injuries caused by its employees’ practical jokes?

04 febrero 2022

Employment status: Personal service and the right of substitution

Employment status: Personal service and the right of substitution

04 febrero 2022

Holiday pay: The right to be paid for annual leave that has been taken on an unpaid basis carries over to the next holiday year

Holiday pay: The right to be paid for annual leave that has been taken on an unpaid basis carries over to the next holiday year

04 febrero 2022

Flexible working applications: Employers must have explicit employee consent to any extension of a flexible working decision period

Flexible working applications: Employers must have explicit employee consent to any extension of a flexible working decision period

04 febrero 2022

What’s on the employment law horizon?

What’s on the employment law horizon?

04 febrero 2022

Employment status: Taxi driver working through an app was not a worker

Employment status: Taxi driver working through an app was not a worker

04 febrero 2022

Employment Matters - February 2022

Employment Matters - February 2022

04 febrero 2022

Employment Matters - February 2022 - Commercial

Employment Matters - February 2022 - Commercial

04 febrero 2022

Health and Wellbeing at work - Coronavirus vaccinations for employees and job applicants

Health and Wellbeing at work - Coronavirus vaccinations for employees and job applicants

26 enero 2022

Unfair dismissal: Dismissal for bringing vexatious and frivolous grievances was fair

Unfair dismissal: Dismissal for bringing vexatious and frivolous grievances was fair

13 enero 2022

Tribunal awards: 25% uplift on compensatory, injury to feelings and aggravated damages awards upheld by the EAT

Tribunal awards: 25% uplift on compensatory, injury to feelings and aggravated damages awards upheld by the EAT

13 enero 2022

Disability discrimination: Withdrawal of secondment offer was not disability discrimination

Disability discrimination: Withdrawal of secondment offer was not disability discrimination

13 enero 2022

Employment status: Director and 40% shareholder was not an employee or worker

Employment status: Director and 40% shareholder was not an employee or worker

13 enero 2022

Employment Matters - January 2022

Employment Matters - January 2022

13 enero 2022

Unfair dismissal: Employers should consider consulting with employees about potential sanctions during disciplinary proceedings.

Unfair dismissal: Employers should consider consulting with employees about potential sanctions during disciplinary proceedings.

07 diciembre 2021

Disability discrimination: Paranoid delusions were not a disability

Disability discrimination: Paranoid delusions were not a disability

07 diciembre 2021

Trade Unions: Protection from detriment for striking workers

Trade Unions: Protection from detriment for striking workers

07 diciembre 2021

National minimum wage: Taxi driver's car and uniform rental payments should have been deducted in national minimum wage calculation

National minimum wage: Taxi driver's car and uniform rental payments should have been deducted in national minimum wage calculation

07 diciembre 2021

Employment Matters - December 2021

Employment Matters - December 2021

07 diciembre 2021

Disability discrimination: Dismissal was not discriminatory where the employee told the employer about her disability after she was dismissed

Disability discrimination: Dismissal was not discriminatory where the employee told the employer about her disability after she was dismissed

11 noviembre 2021

Worker status: Courier with a limited right of substitution was a worker

Worker status: Courier with a limited right of substitution was a worker

11 noviembre 2021

Menopause: Disability discrimination

Menopause: Disability discrimination

11 noviembre 2021

Collective redundancy consultation: Special circumstances defence

Collective redundancy consultation: Special circumstances defence

11 noviembre 2021

“Fire and re-hire” bill

“Fire and re-hire” bill

11 noviembre 2021

Menopause: Disability discrimination - NHS

Menopause: Disability discrimination - NHS

11 noviembre 2021

Employment Matters - November 2021

Employment Matters - November 2021

11 noviembre 2021

Employment Matters - October 2021

Employment Matters - October 2021

12 octubre 2021

Employment Matters - Health - October 2021

Employment Matters - Health - October 2021

12 octubre 2021

Employment Matters - September 2021

Employment Matters - September 2021

10 septiembre 2021

Employment Matters - September 2021 - Public Health

Employment Matters - September 2021 - Public Health

10 septiembre 2021

Unfair dismissal: Right of appeal in redundancy dismissals

Unfair dismissal: Right of appeal in redundancy dismissals

10 septiembre 2021

Employment Matters - September 2021 - Independent Health

Employment Matters - September 2021 - Independent Health

10 septiembre 2021

Workplace accidents: When does fault arise?

Workplace accidents: When does fault arise?

18 agosto 2021

Unfair dismissal: SOSR dismissal of teacher charged with a criminal offence but not prosecuted was fair

Unfair dismissal: SOSR dismissal of teacher charged with a criminal offence but not prosecuted was fair

05 agosto 2021

Discrimination: The Supreme Court has confirmed that claimants bear the initial burden of proof to establish a prima facie case in discrimination claims.

Discrimination: The Supreme Court has confirmed that claimants bear the initial burden of proof to establish a prima facie case in discrimination claims.

05 agosto 2021

Harassment: Constructive dismissal can amount to an act of unlawful harassment

Harassment: Constructive dismissal can amount to an act of unlawful harassment

05 agosto 2021

Employment Matters - August 2021

Employment Matters - August 2021

05 agosto 2021

Whistleblowing: Was a decision to dismiss materially influenced by whistleblowing disclosures?

Whistleblowing: Was a decision to dismiss materially influenced by whistleblowing disclosures?

06 julio 2021

Employment Matters - July 2021

Employment Matters - July 2021

06 julio 2021

Health Employment Matters - June 2021

Health Employment Matters - June 2021

10 junio 2021

Employment Matters - June 2021

Employment Matters - June 2021

10 junio 2021

Disability discrimination: Whether disability is "long term" is assessed as at the date of the alleged discriminatory act

Disability discrimination: Whether disability is "long term" is assessed as at the date of the alleged discriminatory act

10 junio 2021

Health and safety dismissals: Dismissals for causing "upset and friction" when carrying out health and safety activities

Health and safety dismissals: Dismissals for causing "upset and friction" when carrying out health and safety activities

10 junio 2021

Discrimination: A constructive dismissal may be discriminatory even where the last straw is not discriminatory

Discrimination: A constructive dismissal may be discriminatory even where the last straw is not discriminatory

10 junio 2021

Worker status: Mutuality of obligation

Worker status: Mutuality of obligation

10 junio 2021

Workplace vaccinations and data protection in Ireland

Workplace vaccinations and data protection in Ireland

12 mayo 2021

Covid Related Claims: Taking action against employees who refuse to attend the workplace due to worries about covid infection

Covid Related Claims: Taking action against employees who refuse to attend the workplace due to worries about covid infection

29 abril 2021

Disability Discrimination: Determining whether an impairment has a substantial adverse effect

Disability Discrimination: Determining whether an impairment has a substantial adverse effect

29 abril 2021

Sex Discrimination: No discrimination where an employer does not pay enhanced shared parental pay but does pay enhanced adoption pay

Sex Discrimination: No discrimination where an employer does not pay enhanced shared parental pay but does pay enhanced adoption pay

29 abril 2021

Holiday Pay: Workers who have taken unpaid annual leave do not have the right to carry over their entitlement to holiday pay to subsequent years

Holiday Pay: Workers who have taken unpaid annual leave do not have the right to carry over their entitlement to holiday pay to subsequent years

29 abril 2021

Employment Matters - May 2021

Employment Matters - May 2021

29 abril 2021

Employment Matters - April 2021

Employment Matters - April 2021

08 abril 2021

April Changes

April Changes

08 abril 2021

Working time: Standby periods are working time when constraints “objectively and very significantly” affect the worker’s freedom while standing by

Working time: Standby periods are working time when constraints “objectively and very significantly” affect the worker’s freedom while standing by

08 abril 2021

Discrimination: Not religious discrimination to remove a Christian from office for publicly voicing views about same sex adoption and homosexuality

Discrimination: Not religious discrimination to remove a Christian from office for publicly voicing views about same sex adoption and homosexuality

08 abril 2021

Whistleblowing: The public interest test is widely defined

Whistleblowing: The public interest test is widely defined

08 abril 2021

TUPE: Splitting employees’ contracts after a service provision change

TUPE: Splitting employees’ contracts after a service provision change

08 abril 2021

Asda v Brierley – Supreme Court judgment

Asda v Brierley – Supreme Court judgment

26 marzo 2021

Fairness in the Points Based System

Fairness in the Points Based System

25 marzo 2021

Supreme Court rules that Sleep-in workers not entitled to national minimum wage for entirety of shift

Supreme Court rules that Sleep-in workers not entitled to national minimum wage for entirety of shift

19 marzo 2021

Employment Matters - March 2021

Employment Matters - March 2021

04 marzo 2021

Constructive Dismissal: Engaging in a grievance procedure does not undermine a constructive dismissal claim

Constructive Dismissal: Engaging in a grievance procedure does not undermine a constructive dismissal claim

04 marzo 2021

Confidential Information: The dangers of using information provided by new members of staff

Confidential Information: The dangers of using information provided by new members of staff

04 marzo 2021

Indirect Discrimination: “Particular disadvantage” involves looking at those impacted by the policy

Indirect Discrimination: “Particular disadvantage” involves looking at those impacted by the policy

04 marzo 2021

Discrimination: “Stale” diversity training

Discrimination: “Stale” diversity training

04 marzo 2021

Budget 2021: New visas to attract highly skilled migrants and entrepreneurs

Budget 2021: New visas to attract highly skilled migrants and entrepreneurs

03 marzo 2021

Award of Lifetime Compensation Should be Rare for Healthy Claimants

Award of Lifetime Compensation Should be Rare for Healthy Claimants

25 febrero 2021

NHS Pension Scheme - No further changes will be made for annual allowance tax concerns but proposed changes relating to sexual orientation discrimination and final pay controls provisions

NHS Pension Scheme - No further changes will be made for annual allowance tax concerns but proposed changes relating to sexual orientation discrimination and final pay controls provisions

24 febrero 2021

Supreme Court finds that Uber drivers are workers

Supreme Court finds that Uber drivers are workers

22 febrero 2021

Employment Matters - February 2021 - Financial Services

Employment Matters - February 2021 - Financial Services

08 febrero 2021

Employment Matters - February 2021 - Commercial

Employment Matters - February 2021 - Commercial

08 febrero 2021

COVID Developments

COVID Developments

08 febrero 2021

Trade Unions

Trade Unions

08 febrero 2021

Interim Relief

Interim Relief

08 febrero 2021

Victimisation: An employee who referred to “discrimination” without specifically referring to sex discrimination was not protected from victimisation

Victimisation: An employee who referred to “discrimination” without specifically referring to sex discrimination was not protected from victimisation

08 febrero 2021

Tribunal Time Limits: No extension of tribunal time limits for an ex-employee who claimed that he had misunderstood the ACAS early conciliation rules

Tribunal Time Limits: No extension of tribunal time limits for an ex-employee who claimed that he had misunderstood the ACAS early conciliation rules

08 febrero 2021

COVID-19 Vaccine: Can employers require employees to be vaccinated? - Health and Social Care

COVID-19 Vaccine: Can employers require employees to be vaccinated? - Health and Social Care

02 febrero 2021

Is the Employment Tribunal a Court?  Insurers can be named in Employment Tribunal proceedings in place of insolvent insureds

Is the Employment Tribunal a Court? Insurers can be named in Employment Tribunal proceedings in place of insolvent insureds

02 febrero 2021

Future Changes: What to expect in 2021

Future Changes: What to expect in 2021

15 enero 2021

Future Changes: What to expect in 2021 - Financial Services

Future Changes: What to expect in 2021 - Financial Services

15 enero 2021

Government Consultations

Government Consultations

15 enero 2021

Furlough Developments

Furlough Developments

15 enero 2021

Employment Tribunals: Recent changes to early conciliation and current guidance on tribunal hearings

Employment Tribunals: Recent changes to early conciliation and current guidance on tribunal hearings

15 enero 2021

Health and safety: Landmark case gives protection to workers from suffering detriment on health and safety grounds

Health and safety: Landmark case gives protection to workers from suffering detriment on health and safety grounds

15 enero 2021

Employment Matters - Financial Services - January 2021

Employment Matters - Financial Services - January 2021

15 enero 2021

Employment Matters - Public Health - January 2021

Employment Matters - Public Health - January 2021

15 enero 2021

Employment Matters - January 2021

Employment Matters - January 2021

15 enero 2021

Employment Matters - December 2020

Employment Matters - December 2020

02 diciembre 2020

New immigration system to go live on 1 December 2020

New immigration system to go live on 1 December 2020

23 noviembre 2020

Collective redundancies – ECJ decision on reference period

Collective redundancies – ECJ decision on reference period

19 noviembre 2020

Whistleblowing: Employment tribunal time limits and the application of the ACAS code of practice when employees make whistleblowing allegations

Whistleblowing: Employment tribunal time limits and the application of the ACAS code of practice when employees make whistleblowing allegations

05 noviembre 2020

Tribunal costs awards: Employer recoups record £432,000 in legal costs

Tribunal costs awards: Employer recoups record £432,000 in legal costs

05 noviembre 2020

Vicarious liability: Is an employer liable for its employees’ practical jokes?

Vicarious liability: Is an employer liable for its employees’ practical jokes?

05 noviembre 2020

Public sector exit payments

Public sector exit payments

05 noviembre 2020

ICO publishes new guidance for handling data subject access requests (DSARs) following its consultation

ICO publishes new guidance for handling data subject access requests (DSARs) following its consultation

05 noviembre 2020

Employment Matters - Health - November 2020

Employment Matters - Health - November 2020

05 noviembre 2020

Employment Matters - November 2020

Employment Matters - November 2020

05 noviembre 2020

Back to Furlough: Government postpones introduction of Job Support Scheme and extends the Coronavirus Job Retention Scheme

Back to Furlough: Government postpones introduction of Job Support Scheme and extends the Coronavirus Job Retention Scheme

02 noviembre 2020

Job Support Scheme - Chancellor announces increases in the financial support for employers

Job Support Scheme - Chancellor announces increases in the financial support for employers

22 octubre 2020

Employment Matters - October 2020

Employment Matters - October 2020

06 octubre 2020

Employment Matters - Health - October 2020

Employment Matters - Health - October 2020

06 octubre 2020

Employment tribunals: amendments to tribunal rules to increase hearing capacity

Employment tribunals: amendments to tribunal rules to increase hearing capacity

06 octubre 2020

Right to privacy: will reliance on WhatsApp messages in misconduct proceedings be a breach of the right to privacy?

Right to privacy: will reliance on WhatsApp messages in misconduct proceedings be a breach of the right to privacy?

06 octubre 2020

Confidentiality clauses: a confidentiality term was drafted too widely to be enforceable

Confidentiality clauses: a confidentiality term was drafted too widely to be enforceable

06 octubre 2020

Unfair dismissal: “mapping” in redundancy situations

Unfair dismissal: “mapping” in redundancy situations

06 octubre 2020

Disability discrimination: employee suffering from paranoid delusions did not have a disability

Disability discrimination: employee suffering from paranoid delusions did not have a disability

06 octubre 2020

New self–isolation obligations for employers in force today

New self–isolation obligations for employers in force today

28 septiembre 2020

Job Support Scheme – What we know so far

Job Support Scheme – What we know so far

25 septiembre 2020

Employment Matters - September 2020

Employment Matters - September 2020

10 septiembre 2020

Unfair Dismissal and Disability Discrimination: The importance of considering mitigating factors and following policies

Unfair Dismissal and Disability Discrimination: The importance of considering mitigating factors and following policies

10 septiembre 2020

Unfair Dismissal: Unfair dismissal claim could proceed even though the claimant had no chance of a monetary award

Unfair Dismissal: Unfair dismissal claim could proceed even though the claimant had no chance of a monetary award

10 septiembre 2020

Unfair Dismissal: Practicability of re-engagement

Unfair Dismissal: Practicability of re-engagement

10 septiembre 2020

Unfair Dismissal: It was not unfair to dismiss an employee without following any procedure after a breakdown in working relationships

Unfair Dismissal: It was not unfair to dismiss an employee without following any procedure after a breakdown in working relationships

10 septiembre 2020

Public sector exit payments

Public sector exit payments

06 agosto 2020

Furloughed workers: Job retention bonus and how to calculate statutory redundancy and notice payments for furloughed workers

Furloughed workers: Job retention bonus and how to calculate statutory redundancy and notice payments for furloughed workers

06 agosto 2020

Holiday pay: Should a profitability bonus be included in holiday pay calculations?

Holiday pay: Should a profitability bonus be included in holiday pay calculations?

06 agosto 2020

Reasonable adjustments: Refusing to give a written undertaking to pay a severance payment in the future was a failure to make a reasonable adjustment

Reasonable adjustments: Refusing to give a written undertaking to pay a severance payment in the future was a failure to make a reasonable adjustment

06 agosto 2020

Employment Matters - Health - August 2020

Employment Matters - Health - August 2020

06 agosto 2020

Employment Matters - August 2020

Employment Matters - August 2020

06 agosto 2020

Employment status: EAT upholds decision that cyclist dropped from Olympic training programme was neither an employee nor a worker

Employment status: EAT upholds decision that cyclist dropped from Olympic training programme was neither an employee nor a worker

06 agosto 2020

Public sector exit payments: the cap is coming

Public sector exit payments: the cap is coming

23 julio 2020

Employment Matters - Health - July 2020

Employment Matters - Health - July 2020

09 julio 2020

Employment Matters - July 2020

Employment Matters - July 2020

09 julio 2020

Flexible furlough – new Treasury Direction published

Flexible furlough – new Treasury Direction published

29 junio 2020

DAC Beachcroft launches free immigration helpline for businesses

DAC Beachcroft launches free immigration helpline for businesses

25 junio 2020

Employment Matters - June 2020

Employment Matters - June 2020

11 junio 2020

Employment Matters - April 2020

Employment Matters - April 2020

06 abril 2020

Legalign Global and COVID-19 – Here to help

Legalign Global and COVID-19 – Here to help

02 abril 2020

Pensions Signpost February 2020

Pensions Signpost February 2020

12 marzo 2020

Employment Matters - March 2020

Employment Matters - March 2020

05 marzo 2020

Employment Matters for Health - March 2020

Employment Matters for Health - March 2020

05 marzo 2020

Employment Matters - February 2020

Employment Matters - February 2020

05 febrero 2020

Brexit: Employment Rights

Brexit: Employment Rights

05 febrero 2020

Employment Matters - January 2020

Employment Matters - January 2020

15 enero 2020

Employment Matters - December 2019

Employment Matters - December 2019

11 diciembre 2019

Employment Matters - November 2019

Employment Matters - November 2019

08 noviembre 2019

Employment Matters - October 2019

Employment Matters - October 2019

07 octubre 2019

Employment Matters for Health - October 2019

Employment Matters for Health - October 2019

07 octubre 2019

New DHSC Consultation on Annual Allowance

New DHSC Consultation on Annual Allowance

19 septiembre 2019

Employment Matters - September 2019

Employment Matters - September 2019

04 septiembre 2019

Employment Matters - August 2019

Employment Matters - August 2019

08 agosto 2019

Employment Matters - July 2019

Employment Matters - July 2019

03 julio 2019

Court of Appeal confirms voluntary overtime should be included in holiday pay under Agenda for Change (for NHS employers)

Court of Appeal confirms voluntary overtime should be included in holiday pay under Agenda for Change (for NHS employers)

11 junio 2019

Court of Appeal confirms regular voluntary overtime should be included in holiday pay

Court of Appeal confirms regular voluntary overtime should be included in holiday pay

11 junio 2019

Employment Matters - June 2019

Employment Matters - June 2019

11 junio 2019

Key Developments in Pensions: March to April 2019

Key Developments in Pensions: March to April 2019

21 mayo 2019

Employment Matters - May 2019

Employment Matters - May 2019

13 mayo 2019

Employment Matters - April 2019

Employment Matters - April 2019

12 abril 2019

Key Developments in Pensions: January to February 2019

Key Developments in Pensions: January to February 2019

11 abril 2019

Employment Matters March 2019

Employment Matters March 2019

14 marzo 2019

Employment Matters February 2019

Employment Matters February 2019

08 febrero 2019

Increased protection for variable hour workers in 2019

Increased protection for variable hour workers in 2019

18 enero 2019

Breach of Contract: Foundation trust did not breach consultant's contract when it investigated its concerns outside the MHPS framework

Breach of Contract: Foundation trust did not breach consultant's contract when it investigated its concerns outside the MHPS framework

06 diciembre 2018

Equal Pay: Time limits for bringing claims

Equal Pay: Time limits for bringing claims

06 diciembre 2018

Unfair Dismissal: Redundancy trial periods

Unfair Dismissal: Redundancy trial periods

06 diciembre 2018

CJEU judgment opens door to backdated claims for unpaid holiday

CJEU judgment opens door to backdated claims for unpaid holiday

29 noviembre 2017

Key Recommendations from the Taylor Report

Key Recommendations from the Taylor Report

19 julio 2017

Key changes to Tier 2 from 6 April 2017

Key changes to Tier 2 from 6 April 2017

03 abril 2017

Commission should be included in Working Time Regulations (WTR) holiday pay

Commission should be included in Working Time Regulations (WTR) holiday pay

10 octubre 2016

DJEI update – online filing of applications

DJEI update – online filing of applications

22 septiembre 2016

GNIB Update – Changes to registration procedure

GNIB Update – Changes to registration procedure

13 septiembre 2016

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alock@dacbeachcroft.com

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