Employment blog

Paul Spencer

partner & LEAD CONTACT

• Manchester
• employment
• p.spencer@hempsons.co.uk
• 0161 234 2474

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Read our latest blogs and case studies to keep up with recent employment law developments

October 2024

The important distinction between positive action and positive discrimination

A recent Tribunal case has highlighted the importance for employers of knowing the difference between positive action and positive discrimination.

The new Employment Rights Bill: what employers need to know

In this first in a series of posts focusing on the new Employment Rights Bill, Andrew Davidson provides an overview of the bill as published.

When is a belief protected and is English nationalism capable of such protection?

Is English nationalism considered a protected belief? This question was brought to light in the recent Employment Tribunal case of Thomas v. Surrey and Borders Partnership NHS Foundation Trust (2024). 

September 2024

When and how should the EAT exercise its discretion to extend the time limit for submitting an appeal?

There have recently been developments on how extensions of time are considered by the EAT, with a move away from the usually stricter approach historically taken. 

Case Study: Vaughan v Modality Partnership

In Vaughan v Modality Partnership, the Employment Appeal Tribunal provides guidance on the correct procedure to adopt when considering applications to amend tribunal pleadings.

August 2024

Case study: Nelson v Renfrewshire Council

In Nelson v Renfrewshire Council, the EAT has reiterated that, even if an employee chooses not to exhaust a grievance process, this is not a relevant factor when considering if there has been a breach of the implied term of trust and confidence (i.e. constructive unfair dismissal).

Successive fixed term contracts

Explore how successive fixed-term contracts interact with permanent recruitment processes with insights from Lobo v UCLH NHS Foundation Trust.

July 2024

The King’s Speech – Employment Law Reforms

During the King’s Speech this month, the government announced the introduction of two new pieces of employment legislation to enact the provisions of Labour’s “New Deal for Working People”.

Case study: Mercer v Alternative Future Group Ltd

The Supreme Court has held that s146 of the Trade Union Labour Relations (Consolidation) Act 1992 (TULRCA) does not protect workers who partake in strike action from detriment short of dismissal in the case of Mercer v Alternative Future Group Ltd.

June 2024

Case study: William v Lewisham & Greenwich NHS Trust

In the case of William v Lewisham & Greenwich NHS Trust, the EAT has reiterated that in a claim for detriment arising from whistleblowing, only the knowledge and motives of the decision maker are relevant to the Employment Tribunal’s considerations.

May 2024

How will the employment law landscape change under a Labour government?

We summarise some of the key changes set out in the Labour Party’s ‘‘New Deal for Working People’ paper.

Key changes to the skilled worker visa route

The UK government has announced significant changes to the Skilled Worker visa route that came into effect on 4 April 2024.

April 2024

Case Study: Vaultex UK Ltd v Bialas

The case of Vaultex UK Ltd v Bialas is a useful reminder of how tribunals can fall into the trap of substituting its own view of an appropriate sanction for that of the employer.

Merson v Royal Devon University NHS Foundation Trust: lessons for employers

The case of Merson v Royal Devon University NHS Foundation Trust teaches employers not to act too swiftly when disciplining employees.

Is a Trial Period a Reasonable Adjustment? What employers should note from the new EAT ruling

What employers should note from the new EAT ruling.

March 2024

Case study: Omar v Epping Forest District Citizens Advice

The case of Omar v Epping Forest District Citizens Advice acts as a reminder for employers not to accept verbal resignations immediately, without giving thought to the circumstances of the verbal resignation.

Changes to ACAS Code of Practice on requests for flexible working

An updated version of the ACAS Code of Practice will replace the current Code in relation to flexible working requests when new legislation comes into force next month.

February 2024

Case study: Glasson v The Insolvency Service

The case of Glasson v The Insolvency Service, provides a helpful reminder to employers on the importance of knowledge of a disability when deciding whether discrimination has occurred.

New regulations providing new rights for employees are coming into force from 6 April 2023

Two new employment regulations, affecting maternity, paternity, adoption, shared parental and carer’s leave come into force on 6 April.

The Government’s new five-point package of measures for the immigration system has been given a timeline

The new immigration system comes into effect in April 2024. In this article we look at the key dates for visa holders.

January 2024

Case study: Sullivan v Isle of Wight Council

The Employment Appeal Tribunal (EAT) recently delivered an interesting judgment in the case of Sullivan v Isle of Wight Council, providing guidance to employers on how to approach protected disclosure detriment claims brought by external job applicants.

ICO guidance: handling worker health data

The Information Commissioner’s Office (ICO) has published guidance on the handling of worker health data with the aim of providing advice and examples of good practice.

New year, new holiday pay rules: what do the Government’s new Employment Rights Regulations mean for employers?

After initially proposing changes last year, the Government’s new regulations relating to holiday pay and changes to the Working Time Regulations came into force on 1 January 2024. 

December 2023

Strikes (Minimum Service Levels) Act 2023

As part of the Government’s implementation of the Strikes (Minimum Service Levels) Act, regulations for Minimum Service Levels (MSLs) for rail, ambulance, border security services and fire and rescue services were enacted in 2023.

November 2023

Updated ACAS guidance on managing sickness absence

What’s new in employment law? Solicitor Henrietta Donnelly examines the updated guidance issued by the arbitration service ACAS on managing sickness absence.

October 2023

Case study: Lynskey v Direct Line Insurance Services Ltd

This case serves as a reminder to employers that they need to be aware of the way in which the symptoms of menopause can impact performance and how this should be appropriately managed.

Workers (Predictable Terms and Conditions) Act 2023

The Workers (Predictable Terms and Conditions) Act 2023 has received Royal Assent and is expected to come into force in around September 2024.

Case study: Riley v Direct Line Insurance Group PLC

This case illustrates the distinction between ‘dismissal’ and ‘termination by mutual consent’.

September 2023

Case study: Colbert v Royal United Hospitals Bath NHS Foundation Trust

The High Court recently delivered an interesting judgement in the case of Colbert v Royal United Hospitals Bath NHS Foundation Trust. The case involved a claimant who issued proceedings seeking an interim injunction relating to the conduct of the Trust during the MHPS disciplinary process..

Case study: Fischer v London United Busways Ltd

This recent judgment provides a useful indication of how an Employment Tribunal could view the use of language and swearwords in cases of gender reassignment discrimination.

Earlier blogs

• Mandatory COVID-19 Vaccinations in Health and Social Care Revoked, 4 March 2022
• What now: Vaccination as a condition of deployment, 1 Feb 2022
• Whistleblowing dismissals – Employment Appeal Tribunal decision
• Implications for employers of lifting Covid-19 restrictions – 9 July 2021
• New Guidance on severance payments and approval for public sector employers
• COVID19 the employer and the self isolating member of staff
• An employee can TUPE transfer to multiple employers
• ICTS (UK) Limited v Visram
• The Good Work Plan – An Update
• Latest holiday pay case in the EAT is far from a bed of roses for NHS employers
• Upcoming legislative changes
• Employment Newsbrief Summer 2018
• GDPR Your questions answered
• Hincks v Sense Network
• Reilly v Sandwell Metropolitan Borough Council (2018)
• Update – Tax changes to termination payments
• Should shared parental leave be paid at enhanced rates like maternity leave?
• Can a disability account for bad behaviour?
• Zero hours and annual leave
• Does Bărbulescu v Romania prevent employers from ever monitoring private emails sent at work?
• Farewell to ET fees, but what next?
• Holiday pay update
• Accountable care and new care models: Understanding the workforce implications
• The National Minimum Wage, Sleep In Shifts & The Social Care Sector
• Can an Investigation be Too Thorough?
• Voluntary overtime v. right to holiday pay
• Changes to the National Minimum and Living Wage – what are the benefits and consequences?
• Day v Lewisham & Greenwich NHS Trust & Health Education England (2017)
• Dress codes and headscarves
• Trade Union Act 2016 – how will the legislation impact on the healthcare sector?
• Care package retenders – TUPE or not to TUPE?
• In-depth investigations are key to fair disciplinary processes
• Does the recent ET Uber decision necessitate a U-turn on staffing arrangements for gig economy businesses?