News

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), following a relevant transfer, all of the former employer’s “rights, powers, duties and liabilities under or in connection with” the transferring employees’ contracts pass to the new employer (regulation 4(2)(a), TUPE). In the case of Sean Pong Tyres Ltd v Moore [2024] an employee … Read more

On 29 January 2024 the Ministry of Justice began a consultation process regarding introducing fees in the Employment Tribunal and Employment Appeal Tribunal. Currently, there are no fees to issue claims in the Employment Tribunal or an appeal in the Employment Appeal Tribunal. The proposal is to introduce a £55 issue fee for both the … Read more

The Employment Appeal Tribunal has ruled that an external job applicant could not bring a whistleblowing claim under the provisions of the Employment Rights Act 1996.  Miss Sullivan had two job interviews at the Isle of Wight Council (the council) and was unsuccessful.  She then raised allegations against the interviewers, including alleged financial irregularities.  The … Read more

If the answer to both questions is yes, the employee will have been unfairly dismissed and/or have suffered a detriment. The first question requires an enquiry into what facts or beliefs caused the decision-maker to decide to dismiss. In the case of Fry v Kingswood Learning and Leisure Group Ltd the High Court needed to … Read more

The Flexible Working (Amendment) Regulations 2023 (SI 2023/1328) were laid before Parliament on 11 December 2023 and come into force on 6 April 2024. The regulations revoke regulation 3 of the Flexible Working Regulations 2014 (SI 2014/1398), which requires an employee to have been continuously employed for a period of at least 26 weeks to be … Read more

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