Was a Redundancy Dismissal Unfair Because of Lack of Appeal?
In Gwynedd Council v (1) Barratt (2) Hughes  EWCA Civ 1322, the Court of Appeal (CA) considered whether an employer’s failure to give an employee an opportunity to appeal against the decision to dismiss them for redundancy rendered the dismissal unfair.
The claimants were teachers who were dismissed for redundancy as a result of the closure of the school at which they taught. They brought a claim for unfair dismissal, arguing that the redundancy process had been unfair, in part because they were not given an opportunity to appeal their dismissal.
Continue reading “U.K. Employment Law Update: Impact of Lack of Appeal on Fairness of Redundancy Process, Dismissal for Assertion of a Statutory Right, and Dismissal of Whistleblower”
With the arrival of a new year and a promising COVID-19 vaccine, many U.K. employers have expressed renewed interest in returning to the workplace. But those hoping a mandatory vaccination policy will serve as a silver bullet to reopening plans should proceed with caution. Whilst there may be certain settings in which such a policy is reasonable, pursuing it could trigger a number of legal implications.
Continue reading “Can U.K. Employers Make COVID-19 Vaccinations Mandatory?”
As England experiences a second lockdown, the UK Government has announced an extension of the Coronavirus Job Retention Scheme (also known as the furlough scheme) to protect businesses and employees as the pandemic continues to adversely impact the economy. Additionally, new regulations have come into force in England which oblige employers to ensure their employees are complying with any requirement to self-isolate.
Continue reading “UK Government Extends Furlough Scheme”
A new Job Support Scheme designed to protect jobs in businesses facing lower demand over the winter months due to the COVID-19 pandemic will take effect November 1, 2020 and last for six months, the U.K. government announced on September 24, 2020. It will replace the U.K. Coronavirus Job Retention Scheme (known as the U.K.’s furlough scheme), which will come to an end on October 31, 2020.
For the full alert, visit the Faegre Drinker website
Breach of Confidentiality Term in a COT3 Settlement Agreement
In the case of Duchy Farm Kennels v. Steels, the High Court considered whether a term of confidentiality in a COT3 settlement agreement was a condition of the agreement, in which case a former employee’s breach of that term would have entitled the employer to withhold payments due under the agreement. Continue reading “U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine”
In the final instalment of our series examining the return to work post-shutdown in the U.K., we look at the potential trends and longer-term changes that the COVID-19 pandemic will likely have on U.K. workplaces.
The COVID-19 pandemic and resultant shutdown in the U.K. have caused a massive shift in the way we work, with many employers sending their employees home and transitioning to home-working in a matter of days. Notwithstanding the devastating effects that the COVID-19 pandemic has had on personal lives and the U.K. economy, many employers have found the move to a predominantly home-working culture to be largely successful. So, now that most of us have finally mastered the art of the Zoom call, what does the future hold for the U.K. workplace as the country begins to emerge from the lockdown?
Continue reading “Returning to Work Post-Shutdown, Part III: Potential Trends and Changes to U.K. Workplaces”