News

The Employment Appeal Tribunal has held that Maya Forstater, who had her contract terminated because of tweets expressing her views on gender, was entitled to express those views as they constituted a philosophical belief under the Equality Act. Facts The Claimant holds gender-critical beliefs, which include the belief that sex is immutable and not to … Read more

Summary The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 (SI 2021/618) will come into force on 31 May 2021 and extends the protection against detriment relating to health and safety matters to workers. The existing protection only applied to employees. Detail Section 100 of the ERA 1996 … Read more

In a further case linked to Covid-19 an employment tribunal held that a solicitor had been unfairly dismissed for refusing to agree to changes to her employment contract allowing her employer to reduce her pay and hours to 80% or place her on furlough. Although there was a potentially fair reason for the dismissal, the … Read more

In order to succeed in a constructive dismissal case, (a form of unfair dismissal, where the employee resigns), an employee must prove:- The employer committed a fundamental breach of an express or implied term of the contract of employment. The employee resigned as a result of the breach. The employee did not delay too long … Read more

In the case of Smith v Pimlico Plumbers, the EAT has upheld an employment tribunal decision that a worker has no right to carry over payment for annual leave where the worker was previously permitted to take leave that was unpaid. Although an earlier case had established that a worker is entitled to carry over … Read more

Summary Under current employment law, there are three categories of individuals providing their services in the job market: Employee. Worker. Self-employed independent contractor. There are statutory definitions for the first two categories, although these are not comprehensive and the current position has been substantially defined through case law. An individual who is neither an employee … Read more

The DfE have published the latest advice on the use of face coverings in schools and further education. Secondary Schools guidance Where pupils and students in year 7 and above are educated, the DfE recommend that face coverings should be worn by staff, pupils and students when moving around the premises, outside of classrooms, such … Read more

We are currently working with a number of schools that are looking to achieve significant savings on the cost of insurance by moving to the Government’s Risk Protection Arrangement. What is the Risk Protection Arrangement (RPA)? The RPA is not an insurance scheme but is a mechanism through which the cost of risks will be … Read more

Summary Happy New Year! On 3 January the PM told Andrew Marr that was “no doubt in my mind that schools are safe” and that the risk to children was “very, very low” and the benefit of education was “so huge”, but did not rule out further closures. The NEU have advised their members not … Read more

Good afternoon, All our best wishes for a very Merry Christmas and a Happy New Year. We look forward to catching up with you in the New Year. From all of us at, Cook Lawyers