Publications

This week, Former Conservative MP Neil Parish, offered his formal resignation after admitting to watching pornography on two occasions whilst sitting in the House of Commons. This article highlights the issues that arise in respect of inappropriate online activities and the steps employers should take to prevent such conduct, and deal with any resulting disciplinary proceedings and/or claims.

The Employment Appeal Tribunal in the recent case of Allen v Primark Stores Ltd has confirmed that where an employee is claiming indirect discrimination on the basis of a provision, criterion or practice (‘PCP’), in determining whether the employee has been placed at a substantial disadvantage the pool of employees for comparison purposes must relate to the precise PCP issued by the employer.

The Home Office is seeking to digitalise UK Right to Work (‘RTW’) checks and employers will have to get their heads around further changes which came into effect on 6 April 2022.

The Employment Appeal Tribunal (‘EAT’) has recently overturned a decision of the Employment Tribunal (‘ET’) which struck out a claim for unfair dismissal brought by an employee who was voluntarily redundant. The case emphasises that employers may still face liability for unfair dismissal, even where an employee has requested voluntary redundancy.

Neurodiversity Celebration Week took place at the end of March which aims to challenge stereotypes and misconceptions about people with neurological differences.

It was announced on 28 March 2022, by the Presidents of the Employment Tribunals, that the bands for injury to feelings awards, the so-called Vento Bands, are to be increased in England, Wales and Scotland. The new bands, as detailed below, are set to come into effect on or after 6 April 2022.

In the recent case of Law By Design Ltd v. Ali, the High Court confirmed that a 12 month non-compete restrictive covenant must be no wider than is necessary to protect the business interests, and can be more enforceable the more narrowly drawn the clause is.

In the recent case of Fentem v Outform EMEA Ltd, the EAT has confirmed that where an employee has resigned on notice, the bringing forward of their termination date and paying in lieu of notice, does not amount to a dismissal.

The employment tribunal has ordered an employer to pay a former Jewish employee £26,500 in damages after it fired him when he did not come to work on Passover.

Every tax year there is an increase to the core compensation limits for certain employment rights. Our blog this week provides the increases that will apply from April 2022.

The Court of Appeal has held in the case of Kocur v Angard Staffing Solutions Limited and others that regulation 13(1) of the Agency Workers Regulations (the Regulations) goes no further than conferring a right on an agency worker to be notified of relevant vacant posts.

The High Court held in Nissan v Passi that a whistleblower is not entitled to remove confidential legal documents from their employer for the purpose of taking legal advice.