Employment Law Vault

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...

Is it an abuse of process for a Claimant, who had settled a whistleblowing detriment claim using a COT3 agreement, to attempt to bring fresh proceedings relying on the same protected disclosures but new detriments? Yes, held the EAT in  Ajaz v...

Yesterday the Government announced that it has accepted the Low Pay Commission’s recommendations on minimum wage rates to apply from 1 April 2024. This is the largest ever increase to the minimum wage in cash terms. The National Living Wage...

Was the CAC correct to refuse a trade union’s application for recognition in respect of a group of riders, working for Deliveroo, who were not required to provide personal service? Yes, held the Supreme Court in  Independent Workers Union of...

The Government has published draft legislation to amend the Equality Act 2010 with effect from 1 January 2024. The  Equality Act 2010 (Amendment) Regulations 2023  codify certain EU-derived discrimination protections which would otherwise have...

The government has published a  draft statutory instrument  containing amendments to the law on holiday pay, TUPE and working time. The changes, which are likely to come into force on 1 January 2024, include: - simplifying holiday pay calculations...

Was Scottish guidance stating that trans women with a gender recognition certificate (GRC) could claim protection as women under Equality Act 2010 lawful? Yes, confirmed the Inner House of the Court of Session in  For Women Scotland Ltd v Scottish...