The last month has seen a raft of government proposals for changes to employment laws.  Details were included in a speech made by the Business Secretary Vince Cable on 23 November, BIS's Response to the Resolving Workplace Disputes consultation, and the Chancellor's Autumn Statement. Changes confirmed for April 2012 Changes confirmed but with no date … Read more

Rumours of a number of proposals being considered by the Government have been published by the press.  Nick Clegg is reported to have suggested that conversations between employer and employee about performance and retirement plans should be protected so that employees cannot use them in subsequent litigation.  A leaked government report is apparently also suggesting … Read more

An employer cannot  unilaterally withdraw a notice of termination simply because it mistakenly expected the employee to agree to proposed new terms as a self-employed contractor.  Employers negotiating changes to the terms of an individual’s engagement should ensure agreement is reached before taking steps to terminate the employment. (CF Capital v Willoughby, CA) Read more

Under a new judicial listing policy, standard unfair dismissal cases will now be listed for a one-day hearing to be heard within 16 weeks.  Standard directions will require parties to exchange documents six weeks after the claim is issued,  with preparation of an agreed bundle by the respondent two weeks later and the exchange of … Read more

In giving a reference for an ex-employee, an employer can refer to allegations of misconduct or poor performance that were not investigated due to the timing of the employee’s departure, provided the reference makes clear that the allegations have not been investigated and that no assumptions should be made about what the outcome would have … Read more

Employers seeking to reduce pay by consent may choose to offer a one-off payment as compensation for the reduction and in return for avoiding the risk of litigation. If this offer is rejected, and the employer decides to dismiss and offer a new contract with the reduced pay terms, its failure to also make the … Read more

The Chancellor has announced that the qualifying period to claim unfair dismissal is to be increased from 1 to 2 years with effect from April 2012. It is unknown whether the Government has analysed relevant statistics to rule out the possibility of challenging this increase on grounds of indirect discrimination. Employers may fear that it … Read more

A recent ruling of the UAE Ministry of Justice has confirmed that it is not lawful for an employer to agree with its employees to avoid the end of service gratuity provided for under the UAE Labour Law. Read more