UK: failure to contact Acas before proposing dismissal and re-engagement will be breach of statutory code under revised draft

The Government has published a revised draft of its proposed statutory code on dismissal and re-engagement, following consultation on an earlier draft last year.  It now awaits parliamentary approval, and the Government expects to bring it into force ‘later in the Summer’.  The draft has been extensively re-ordered and duplication removed in response to criticism … Read more

UK: EAT whistleblowing decision highlights importance of complying with Acas Code

A recent EAT ruling serves as a reminder to employers that a failure to follow the statutory Acas Code of Practice on disciplinary and grievance procedures can lead to a substantial uplift on an already large award for a whistleblowing dismissal, and that contractual clauses purporting to cap compensation on termination have no effect even … Read more

Employment Espresso Pods: Labour’s Proposals: Part 1

In the first of a new season of Employment Espresso Pods, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, discuss the key employment-related proposals put forward by the Labour Party in its Green Paper last year and the recent party conference.   Particularly eye-catching proposals on Labour’s agenda discussed in … Read more

Australia: Breaking the chains – ACCC Review of non-compete and no-poach provisions in employment contracts

The Federal Government has recently passed some of the most extensive industrial relation reforms seen in Australia with the view to providing stronger protections for workers, improving job security and gender equity. Employers could soon be facing further changes, with the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh), suggesting the use … Read more

UK: consultation on draft ‘fire and re-hire’ code

Update 19 February 2024: the Government published its revised draft for Parliamentary approval – see here for further details. ….. Update 4 May 2023: Acas has published its response to the consultation here outlining various concerns about the draft Code, including that it does not adequately set out appropriate standards of reasonableness, is overlong, and is … Read more

UK: ‘without prejudice’ protection may apply to exit discussions in response to a grievance

The EAT ruling in Garrod v Riverstone Management Ltd provides welcome reassurance that an employer can initiate ‘without prejudice’ discussions offering a possible consensual termination where an employee has raised a grievance clearly indicating potential legal claims. ‘Without prejudice’ protection can only apply to communications which are a genuine attempt to settle an ‘existing dispute’.  … Read more

UK: Court of Appeal rules on Covid-related automatic unfair dismissal claim

Employees can claim automatic unfair dismissal (from day one of employment) where they are dismissed because they left or refused to return to work in circumstances of danger which they reasonably believed to be serious and imminent, and which they could not reasonably have been expected to avert.  In its first Covid-related dismissal case, Rodgers … Read more