Employment news and case law

24 September, 2021

Government to introduce legislation making it illegal for employers to withhold tips from workers

Measures to be included in forthcoming Employment Bill include right to see employer's tipping records and to take claim to Employment Tribunal where rules not followed

23 September, 2021

Government confirms intention to introduce entitlement to unpaid leave as a day one right for employees with caring responsibilities

Consultation response sets out key details including how eligibility will be defined, how leave can be taken and what the leave can be used for

23 September, 2021

Government launches consultation on making the right to request flexible working a day one entitlement

Business Secretary says the new right will make flexible working 'part of the DNA of businesses across the country'

21 September, 2021

Northern Ireland Court of Appeal rules that Industrial Tribunal should have allowed litigant in person to amend his claim to include victimisation he was subjected to after his original claim was lodged

[2021] NICA 40

21 September, 2021

Court of Appeal considers whether Department of Justice in Northern Ireland had a genuine material factor defence to an Equal Pay claim

[2021] NICA 40

20 September, 2021

Employment case law round up

17 September, 2021

Commencement of Employment Act (Northern Ireland) 2016 provisions in relation to abuses of zero-hours contracts and the payment of deposits by parties to employment tribunal proceedings

New statutory rule

16 September, 2021

Devolved governments call for UK Government to offer physical proof of immigration status to vulnerable EU citizens

Joint letter to Borders and Immigration Minister says current digital-only proof risks discrimination, making it difficult for some EU citizens to prove their status to employers and other service providers

15 September, 2021

Amendments to Employment Tribunal procedure rules relating to preliminary hearings and the handling of early conciliation notifications

New statutory instrument

15 September, 2021

Non-Disclosure Agreements Bill read for the first time in the House of Commons

Bill makes it a basic principle of our legal system that 'no one, however powerful, could buy an employee’s silence if there were allegations of wrongdoing in the workplace’

14 September, 2021

Labour Government would ensure rights for all workers from their first day of work including holiday pay, protection against unfair dismissal and guaranteed sick pay

Party leader’s speech to TUC Congress 2021 also commits to ‘immediately increase the minimum wage to at least £10 per hour’

13 September, 2021

Employment case law round up

9 September, 2021 Open access

1.6 million people remained on furlough at 31 July 2021, new HMRC statistics show

With the CJRS due to close at the end of the month, new figures also show fifth consecutive monthly decrease, with number on furlough down by 340,000 compared to previous month

9 September, 2021 Open access

Government launches consultation on mandatory Covid-19 and flu vaccinations for frontline health and care staff in England

Announcement also confirms that adult social care workers will need to be double jabbed against Covid-19 as a condition of deployment in CQC-regulated care homes in England by 11 November 2021

8 September, 2021 Open access

While context around the government’s Covid-related employment programmes has moved on, the DWP has failed to adapt or change its plans, say MPs

In addition, Public Accounts Committee expresses concern at shortcomings in the Department's data on diversity and disadvantaged groups making it 'impossible to measure its effectiveness' or explain 'shocking inequality' in unemployment

7 September, 2021

Court of Appeal rules that Northern Ireland Industrial Tribunal erred in law by failing to allow extension of time limit for claimant to add age discrimination to her claim

[2021] NICA 34

6 September, 2021

Employment case law round up

3 September, 2021

Court of Appeal considers whether absence of appeal procedure in redundancy situation of itself makes dismissal unfair

[2021] EWCA Civ 1322

1 September, 2021

High Court dismisses employer’s application to strike out claimant’s civil claim for damages arising out of the same situation that was the subject of a compromised employment claim

[2021] EWHC 2418 (QB)

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