Following last week’s election victory for the Conservatives, employers contemplating what may lie ahead for employment law may welcome indications from the Conservative manifesto that it will largely be business as usual. Unlike Labour, the Conservatives did not announce any radical new proposals and the focus on themes raised by the Theresa May-commissioned Taylor Review … Read more
Updates recently added to our Employment Notes blog include updates on important rulings on unfair dismissal, whistleblowing, legal advice privilege and publicity for tribunal claims, as well as news on NDAs, the Conservative manifesto and other developments. Please click on Read More for a full list and links to the relevant posts. Wishing all our … Read more
Employment rights have been a key political battleground during both the Brexit process and the current general election campaign and, unsurprisingly, the approaches of the two main political parties are very different. On Brexit, the Conservatives seek to reserve the right to deviate from EU employment laws while also committing to maintain high standards of … Read more
The European Court of Human Rights has ruled in Herbai v Hungary that the European Convention Article 10 right of freedom of expression can protect opinions which are on matters of interest only to specific professions. It is not limited to comments that demonstrably contribute to debate on matters of public interest. The Court held … Read more
A recent Supreme Court decision highlights the importance of a thorough investigation of the purported grounds for dismissing an employee, particularly if there could be reasons why a line manager might have engineered the grounds. The Court ruled in Royal Mail Group v Jhuti that, if a person in the hierarchy of responsibility above an … Read more
An employment tribunal has ruled that ‘workers’, ie those who are not employed or self-employed but work under a contract personally to do work, qualify for protection under the Transfer of Undertakings (Protection of Employment) Regulations 2006. TUPE implements the EU Acquired Rights Directive, which provides for the transfer of rights and obligations arising from … Read more
The new world of work: report warns of an unprecedented rise in workplace activism Across all sectors and geographies workers are becoming more vocal in articulating their views – about the workplace, their employer and about wider social issues – and increasingly holding organisations to account, enabled and amplified by social media. This trend is … Read more
Caselaw has established that workers must be permitted to carry over statutory holiday entitlement to a new leave year where they have been unable or unwilling to take it due to sick leave. The ECJ has now confirmed that this only applies to the 4 week entitlement provided for by the EU Working Time Directive, … Read more
A number of recent decisions have emphasised the importance of open justice and the limited scope for derogations from it. The case of Curless v Shell International (see our blog post here) suggested that anonymity orders, at Court of Appeal stage at least, will be difficult to obtain in most cases. In L v Q … Read more
