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Employment Matters - March 2023 By Hilary Larter Clients often ask us about employment tribunal waiting times. Last month, the Ministry of Justice published information showing that the average number of weeks between receipt of a claim and the first employment tribunal hearing has steadily…
Government backed private members’ bills: Update By Hilary Larter In the last couple of years, the Government has shown a tendency to back private members’ bills (public bills introduced by MPs and Lords who are not government ministers) to bring in employment legislation.
Predictable working pattern requests: Government backs private members’ bill By Hilary Larter The Government has confirmed that it is backing a private members’ bill which will give workers and agency workers the right to request a predictable work pattern.
Indirect sex discrimination: Turning down a flexible working request disadvantaged a woman on maternity leave despite decision not being implemented By Hilary Larter The EAT has held that an employer’s decision to turn down a flexible working request was a practice, criterion or provision (“PCP”) causing disadvantage even though the decision was reversed before the employee returned to work.
Employment status: Tribunal erred in finding narrow substitution clause was a genuine substitution clause By Hilary Larter In applying the Supreme Court’s decision in Uber BV and others v. Aslam and others the EAT has confirmed that written terms, including substitution clauses seeking to exclude an employment relationship, are not always irrelevant to a tribunal’s…
Unfair dismissal: “Without Prejudice” letter effectively dismissed employee and claim was out of time By Hilary Larter An employee was effectively dismissed even though the letter purporting to dismiss him was marked “without prejudice” and wrongly referred to termination by “mutual agreement”.
Employment tribunals: Tribunal erred in refusing to grant privacy order By Hilary Larter The Court of Appeal has held that an employment tribunal erred in refusing to grant an order to restrict the public disclosure or reporting of information in a whistle-blowing claim.
Reflecting on the Regulators’ approach to Diversity and Inclusion in the financial sector – is now the time to do more? By David Sims As readers will know, the regulators are increasingly focussing on what financial sector firms are doing to promote diversity and inclusion (D&I) at all levels of their firms. In this article we look at the recent announcements and make some…
Employment Matters – February 2023 By Zoë Wigan This month has seen a raft of government announcements. We have already alerted readers to the Government’s consultation on calculating holiday entitlement for part year workers to address issues that have arisen out of the Supreme Court’s Judgement…
Discrimination: Marital status By Zoë Wigan The EAT has held that a tribunal erred in finding that an employee had been subjected to direct discrimination because of her marital status
