The Employment Appeal Tribunal in Allay (UK) Ltd v Gehlen has highlighted the need for employers to provide substantial training on discrimination issues both at regular intervals and on an ad hoc basis if it becomes apparent that prior training was ineffective or has been forgotten. Employers face a high threshold in terms of quality … Read more

The European Court of Justice has ruled that direct disability discrimination may be established if the criterion for less favourable treatment is inextricably linked to disability.  The difference in treatment does not have to be in comparison with a non-disabled worker: it can be between disabled workers, for example where treatment differs according to different … Read more

The Trade and Cooperation Agreement (the “TCA”) agreed between the UK and the EU on 24 December 2020 opens up the possibility of changes to EU-derived employment law.  Last week the Government made clear that it has no current intentions to push through changes in the short term; longer term, the likelihood of changes depends both … Read more

Employers claiming for furloughed employees under the Coronavirus Job Retention Scheme (CJRS) need to keep a close eye on deadlines. Monthly deadlines for claims must be now met unless an employer has a ‘reasonable excuse’ for a late claim (see here);  the next deadline is 15 February 2021.  More imminent is the deadline for applying … Read more

The High Court judgment in Quilter Private Client Advisers Limited v Falconer highlights the risk that a short notice period, including during a probationary period, can undermine an employer’s argument that restrictive covenants should be held enforceable on the basis they are necessary to protect confidential information or customer connections.  The judgment also provides some … Read more

Currently interim relief is only available where an employee alleges that the principal reason for their dismissal is whistleblowing, trade union membership or certain employee representative activities; it is not available in discrimination cases – yet. If a tribunal decides that the employee’s claim is ‘likely to succeed’ (ie, has more than just a reasonable … Read more

Businesses hiring agency workers must provide them with the same information about relevant vacancies as direct employees, but do not have to allow agency workers to apply for those vacancies on the same terms. The Agency Workers Regulations 2010 give agency workers a right, from day one of an assignment, to be informed by the … Read more