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New Paternity Leave Regulations published

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After announcing proposals to make changes to paternity leave rights in summer 2023, the government has now published draft legislation in the form of the Paternity Leave (Amendment) Regulations 2024 . The Regulations make the following changes: -...

Constructive Dismissal: Affirmation

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Was a tribunal correct to conclude that a contract of employment had been affirmed, when a Claimant waited three months to resign, following a ‘last straw’ breach by the Respondent? No, held the EAT in Leaney v Loughborough University ....

Settling Future Claims

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Can a settlement agreement be used to validly settle future unknown claims under Equality Act 2010 ? Yes, held the Court of Session in Bathgate v Technip Singapore PTE Ltd .  The Claimant was made redundant and left employment under a settlement...

New government guidance on Holiday Pay

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Earlier this week, the government released new guidance to cover the latest holiday pay and entitlement reforms. It sets out the changes to the Working Time Regulations which the government introduced on 1 January 2024 and will affect: - irregular hours...

Employment Tribunal Compensation

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Could a clause in a contract of employment, purporting to limit the financial liability of the Respondent on termination of employment, operate to cap the compensation awarded by the tribunal in a whistleblowing claim? No, held the EAT in  SPI Spirits...

Carer's Leave Regulations

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The  Carer’s Leave Regulations 2024   have been laid before Parliament. They set out the statutory scheme under which employees can apply for up to one week of unpaid carer’s leave, in any 12 month period. Key features are: - ...

Flexible working to become a Day One right from April 2024

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The  Flexible Working (Amendment) Regulations 2023   have been laid before Parliament. The Regulations remove the requirement that an employee must have 26 weeks’ service in order to be able to make a request for flexible working. The...

Protection from Redundancy: Pregnancy and Family leave

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The  Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024   have been laid before Parliament, extending the period of special protection from redundancy for employees who are on maternity leave, adoption leave or...

State Immunity

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Could an embassy use state immunity to deny the jurisdiction of the employment tribunal in a discrimination case? Yes, held the EAT in  The Royal Embassy of Saudi Arabia (Cultural Bureau) v Alhayali , subject to a specific exception for personal...

myHMCTS portal

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HMCTS has asked us to circulate the following information: "Employment Tribunal online services will be subject to a planned upgrade on Thursday 7 December from 8:15pm. The upgrade is expected to last until 4.30am on Friday. A message, informing users...

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