Employment Law Vault

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...

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...

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: - ...

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...

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...

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...

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...

Was a Claimant who provided services as a pilot to an airline via an intermediary business, both ‘employed’ by the intermediary business for the purposes of the  Civil Aviation (Working Time) Regulations 2004 , and an agency worker under...

Did a failure to consult with the workforce, in relation to redundancy proposals at a formative stage, render a later dismissal unfair? Yes, held the Employment Appeal Tribunal in  Joseph de Bank Haycocks v ADP RPO UK Limited .  The Claimant...

Was a tribunal correct to conclude that a Claimant’s ‘heat of the moment’ resignation should stand – with the result that he could not pursue an unfair dismissal claim? No, held the EAT in  Omar v Epping Forest District...