News

Constructive dismissal is a form of unfair dismissal where the employee resigns in response to a fundamental breach of an express or implied term of the contract of employment by the employer.  In order to succeed the employee must prove as follows:- The EAT has confirmed that engaging in a contractual grievance or appeal procedure … Read more

The EAT has held that an employee’s dismissal for redundancy was unfair due to the absence of meaningful consultation at the formative stage of the redundancy process. This would have provided the opportunity to propose alternatives to redundancy and to influence the employer’s decision. When the employee appealed, the employer could not repair the gap … Read more

In the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (Northern Ireland) [2023] UKSC 33 the Supreme Court has decided that a gap of three months or a lawful payment does not necessarily break a series of unlawful deductions from wages.   This is contrary to the … Read more

In the case Mr R Omar v Epping Forest District Citizen Advice: [2023] EAT 132 the claimant resigned from his employment with the respondent ‘in the heat of the moment’ during an altercation with his line manager. In a subsequent conversation, it had apparently been recognised by his employer that he wished to continue in … Read more

The government launched a consultation on calculating holiday entitlement for part-year and irregular hours workers on 12 January 2023. It was open for 8 weeks and closed on 9 March 2023. On 8 November 2023 the Department for Business and Trade published the government response to the consultation on calculating holiday entitlement for part-year and … Read more

Agreement has been reached on rates of pay applicable from 1 April 2023 (covering the period 1 April 2023 to 31 March 2024). The increase is £1,925 across each Spinal Column Point up to the maximum SCP 43.  Any employees paid above SCP 43 should be increased by 3.88 per cent. The full SCP table … Read more

While it’s unusual, yes, permanent employees can transition to fixed-term contracts. Both employers and employees can agree to modify employment terms whenever required. However, this change can only be made with the explicit consent of the employee. Though legally permissible, such a shift doesn’t happen frequently due to the complexities tied to continuity of service … Read more

What is directed time?Directed time is when teachers are directed by their head teacher to be at work and available for work. This is a maximum of 1,265 hours per academic year, spread over 190 days of teaching and five more non-teaching days. The 1,265 hours is a maximum – schools should allow a contingency … Read more

A ‘Fixed-term contract’ is defined as a contract of employment that terminates:- Why use a fixed-term contract?:- There is a common misconception that fixed-term employees have fewer rights. This is not the case due to the following: A fixed-term employee has the right not to be treated less favourably than a comparable permanent employee: ‘Comparable … Read more

The CIPD has published the findings of its annual Health and wellbeing at work survey, conducted among HR professionals in March and April 2023. Key findings include: Its survey of employees revealed that over a quarter reported that their work had a negative impact on their mental health. Source: CIPD: Health and wellbeing at work (26 … Read more