News

The DfE have sent out an email update to schools today to ‘provide clarity on some key aspects’.  Currently, there is no update available on the DfE website. The further guidance is as follows:- Teachers who are members of the NEU who decide to take part in strike action as called by the NEU. Teachers who … Read more

The NEU has said seven days of teacher strike action will take place in February and March this year. The full list of projected strike days is as follows: Yes.  Only NEU Teachers are allowed to strike on this occasion as their ballot met the threshold. No. No.  They can choose how many days to … Read more

The National Education Union (NEU) has announced the results of the ballot for strike action.  Teachers were offered a 5% pay rise last year but the NEU is seeking 12%. A total of 92% of NEU members backed strikes, with 58% of members returning their ballot forms – more than the 50% turnout required. The strikes will … Read more

On Thursday 12th January 2023 the Government started a consultation process to ensure that holiday pay and entitlement received by workers is proportionate to the time they spend working. In July 2022, the Supreme Court handed down its judgment on Harpur Trust v Brazel.  This case concerned the calculation of holiday pay and entitlement of a … Read more

The EAT upheld a tribunal’s decision that it was fair to dismiss an employee after reopening a previously concluded disciplinary process that had led to a final written warning. The case had unusual facts, and the Court of Appeal had held in a previous case that there is no absolute rule against double jeopardy. The claimant … Read more

Millions of employees will receive day one right to request flexible working, giving employees greater access to flexibility over where, when, and how they work, leading to happier, more productive staff. Flexible working has been found to help employees balance their work and home life, especially supporting those who have commitments or responsibilities such as … Read more

The EAT considered whether the duty to make reasonable adjustments arose where a disabled employee refused to participate in an interview forming part of a redundancy process. The employee’s refusal was unconnected to his disability, but rather because he had lost confidence in his employer. Mr Hilaire suffered from depression and arthritis. As part of … Read more

There is a common misconception that a current or former employee is entitled to a ‘good’ reference or, more accurately, that an employer cannot make any negative comments about an employee.  This is simply wrong. The legal duties on employers in relation to references have been considered by the courts in a number of cases … Read more

In Hilco Capital Ltd v Harrington, the claimant was dismissed by her employer. She made a claim to the employment tribunal and succeeded in a complaint of unfair dismissal for whistleblowing. The claimant did not apply for any jobs in the period from her dismissal to the remedy hearing because she believed it would come … Read more

In Marangakis v Iceland Foods Limited [2022] EAT 161, the EAT considered whether an original dismissal still vanishes where an employee expressly no longer seeks reinstatement but continues with their appeal. Ms Marangakis was dismissed for alleged gross misconduct in January 2019 and appealed, indicating that she wished to be reinstated. Subsequently, she changed her … Read more