Publications

Data subject access requests (DSARs) are increasingly being used by employees as a pre-litigation fishing expedition in the context of disciplinary or grievance procedures.

In Harpur Trust v Brazel, the Supreme Court unanimously ruled that part-year workers who are engaged under permanent contracts are entitled to 5.6 weeks of annual leave, and their entitlement should not be reduced pro rata to reflect the number of hours they work.

In the case of Bailey -v- Garden Court Chambers, an Employment Tribunal has found that Ms Bailey’s gender critical views, which included views about Stonewall’s campaigning on gender self-identity, were a protected belief under the Equality Act 2010.

Status is key in determining individual rights and protections and the new guidance aims to provide clarity to help both individuals know their rights and businesses understand their obligations.

In our October 2021 blog, we discussed the case of Kong v Gulf International Bank (UK) Limited. The Court of Appeal has now dismissed an appeal of the EAT decision by Ms Kong.

Workers faced with sweltering temperatures are likely asking the question: is it too hot to work?

In July 2022 the Employment Appeal Tribunal (‘EAT’) held, in the case of Mackereth v The Department for Work and Pensions, that a doctor had not been unlawfully discriminated against by being required to call service users by their preferred pronouns, but that his belief that people cannot change their gender or sex and his lack of belief in “transgenderism” were protected philosophical beliefs under the Equality Act 2010.  

In the face of the cost of living crisis there has been an increase in industrial action across multiple sectors, which seems set to continue and bring an extended period of disruption across the UK. The rail network was brought to a standstill in late June and further strike action is threatened in the rail, air, postal and healthcare sectors.

In a recent case before the Employment Appeal Tribunal (EAT), it was held that when considering a claim for constructive dismissal, a fundamental breach of contract can be found even where an employer’s actions do not indicate an intention to end the employment relationship.

Devonshires’ Employment Team is pleased to publish our programme of seminars/events for 2022.

The pandemic has changed the working world and influenced working practices. Last week, the UK’s largest four-day working week trial commenced, with more than 3,300 workers from 70 companies taking part. Unlike part-time working, where employees work less hours for reduced pay, the ‘4 Day Week Campaign’ will see employees work 80% of their usual hours for the same pay, with an expectation to maintain the same productivity and output levels that would be achieved over five days.

From 1 July 2022, a wider range of healthcare professionals will be able to sign people off sick from work including registered nurses, occupational therapists, pharmacists and physiotherapists. It is hoped that the change will reduce GPs workloads and is part of the government’s plan to deliver an extra 50 million GP appointments a year by 2024.