Amanda Sanders (UK)

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Can an employee bring new proceedings relying on the same protected disclosures after signing a COT3 Agreement?

In Ajaz v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal has held that an employment judge erred in concluding that rule 52 of the Tribunal Rules 2013 prevented the claimant from raising new whistleblowing detriment claims after earlier detriment claims that were based on the same protected disclosures were dismissed following withdrawal … Continue reading

Increase in minimum wage rates and changes to age ranges

By Amanda Sanders (UK) on December 5, 2023 Posted in General, UK

The Government has announced a series of changes to the national minimum wage, increasing the rates for all workers and giving 21-year-old workers entitlement to the full National Living Wage for the first time. These changes will take effect on 1 April 2024. Currently, only those aged 23 and older are entitled to the full … Continue reading

Supreme Court decision on whether Deliveroo Riders are workers

By Amanda Sanders (UK) on November 28, 2023 Posted in General, UK

The Supreme Court in the UK has held that food delivery riders (Riders) were not in an ‘employment relationship’ for the purposes of Article 11 of the European Convention on Human Rights, meaning that the provisions of that article which protect the right to form and join trade unions do not apply to them. In … Continue reading

Governments response on Retained EU Employment Law

By Amanda Sanders (UK) and Joanna MacKenzie on November 17, 2023 Posted in General, UK

On 8 November 2023 the UK government published its response to its May 2023 consultation paper on “Retained EU Employment Law” (the Response). This covered three areas: (i) record keeping requirements under the Working Time Regulations (WTR 1998); (ii) simplifying annual leave and holiday pay calculations in the WTR 1998; and (iii) consultation requirements under … Continue reading

Removal of the bankers’ bonus cap

By Amanda Sanders (UK) on November 7, 2023 Posted in Contracts, General, UK

With effect from 31 October 2023 the “bonus cap”, which previously limited the variable remuneration of certain bank staff to 100% of their fixed pay (or 200% with shareholder approval) has been abolished. The FCA and PRA in their consultation paper on this change highlighted that the removal of the cap is intended to help … Continue reading

FCA and PRA consultations on D&I in the financial services sector: An employment law perspective

By Paul Griffin (UK) and Amanda Sanders (UK) on November 2, 2023 Posted in General, UK

The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) have recently published consultation papers setting out proposals to promote diversity and inclusion (D&I) in the financial services sector. The papers follow on from the joint discussion paper in July 2021 when the regulators made it clear that firms should consider D&I. This was followed … Continue reading

Claims for holiday pay – Supreme Court holds worker can claim for historic underpayments which are part of a series of deductions

By Amanda Sanders (UK) on October 11, 2023 Posted in Contracts, UK

The Supreme Court has given its judgment in the case of Chief Constable of Northern Ireland v Agnew and ors and dismissed the appeal, holding that the workers could claim back for a whole series of unlawful deductions even where there was a gap of more than three months between those deductions. In this case, … Continue reading

UK: Changes in employment law current rates and limits – April 2023

By Amanda Sanders (UK) on March 22, 2023 Posted in General, UK

April marks the annual increase in the limits (maximum and minimum) applying to certain awards of Employment Tribunals and other amounts payable under employment legislation. Employers should ensure that they are aware of these changes and make adjustments where appropriate. Maximum Compensation Limits From 6 April 2023, there will be increases to the maximum compensation … Continue reading

CMA Advice on how to avoid anti-competitive behaviour

By Amanda Sanders (UK) on February 22, 2023 Posted in General, UK

On 9 February the Competition & Markets Authority (CMA) published a short guidance note for employers on how to avoid anti-competitive behaviour. The aim of the guide is to boost compliance with the rules regarding anti-competitive behaviour and to remind employers of their legal obligations. The CMA points out that anti-competitive agreements can negatively impact … Continue reading

Employment Law – What to expect in 2023

By Amanda Sanders (UK) on January 10, 2023 Posted in General, UK

Last year saw little legislative changes in the UK with regard to employment law. However, there may be changes of interest for employment lawyers over the coming year. This blog post looks at what changes employers can expect in relation to employment law this year and what steps they should be taking to prepare for … Continue reading

Employment law – Government backing of Private Members Bills

By Amanda Sanders (UK) on December 13, 2022 Posted in General, UK

In the Queen’s speech in December 2019 the Government announced its intention to bring about changes to employment laws in a new Employment Bill. These changes included provisions relating to carers leave, extension of protection for employees on maternity leave, rights regarding tips and gratuities, the right to request a more predictable and stable contract … Continue reading

Can an employer settle future statutory claims in a settlement agreement?

By Amanda Sanders (UK) and Safwan Afridi on October 31, 2022 Posted in General, UK

Employees may have claims against their employer that can arise during the recruitment process, the employment or on termination. In this case, the parties may enter into a formal settlement agreement to settle most statutory employment claims. In order for any such agreement to be binding it must satisfy certain conditions. The extent of these … Continue reading

UK Government to reform or revoke retained EU law

By Amanda Sanders (UK) and Joanna MacKenzie on October 12, 2022 Posted in UK

On 22 September 2022, the UK Government introduced the Retained EU Law (Revocation and Reform) Bill, pursuant to which all EU law introduced into the UK legal system following the UK’s withdrawal from the European Union on 31 January 2020 (Retained EU Law) must be reviewed and either replaced with new domestic legislation or automatically … Continue reading

Part Year workers holiday not pro-rated

By Amanda Sanders (UK) on July 26, 2022 Posted in Contracts, UK

The UK Supreme Court has unanimously dismissed the appeal in the case of Harpur Trust v Brazel which considered the holiday entitlement of those workers who are on permanent contracts but only work for part of the year (part year workers). The claimant was a part-time music teacher who worked variable number of hours during … Continue reading

Philosophical and religious beliefs: Balancing the issues

By Amanda Sanders (UK) on July 20, 2022 Posted in General, UK

Two recent employment cases regarding “gender critical” beliefs have highlighted the difficulties in this area and whether such beliefs are capable of protection under the Equality Act 2010. Religion or belief is one of the nine protected characteristics covered by the Equality Act 2010. The Act prohibits direct discrimination, indirect discrimination, harassment and victimisation in … Continue reading

The Employment proposals in the Queen’s Speech: Absence of the Employment Bill

By Amanda Sanders (UK) on May 16, 2022 Posted in General, UK, Uncategorized

On 10 May at the State Opening of Parliament, the legislative intention of the Government for the next parliamentary session was set out in the Queen’s Speech. Despite the speech containing proposals for 38 new laws, the long awaited Employment Bill was omitted. The Employment Bill, which was first proposed in 2019, was intended to … Continue reading

UK: New guidance for employers on living safely with respiratory infections, including COVID-19.

By Amanda Sanders (UK) on April 21, 2022 Posted in Coronavirus, UK

On April 1st, the UK Health Security Agency (UKHSA) issued guidance for employers on living safely and reducing the spread of respiratory diseases such as COVID-19 to replace the previous ‘Working Safely Guidance’ after the relaxing of COVID-19 measures in the UK. The guidance outlines ways employers can aim to reduce the spread of respiratory … Continue reading

UK: Changes in employment law current rates and limits

By Amanda Sanders (UK) on April 7, 2022 Posted in General, UK

April 2022 marks the annual increase in the current statutory payments and other employment limits, employers should ensure they are aware of these changes and make adjustments where appropriate. From April 2022, there will be increases to statutory payments for time off work: Maternity and adoption pay at the maximum prescribed rate will be increasing … Continue reading

Steps for Employers after the ending of COVID-19 restrictions

By Amanda Sanders (UK) on February 28, 2022 Posted in Coronavirus, UK

On 21 February 2022, the UK Government announced its plan to end remaining COVID-19 restrictions in England. These include, from 24 February, the removal of the legal requirement to self-isolate following a positive test; and the requirement to wear face-coverings in public spaces and on public transport; and, from 1 April, the withdrawal of free … Continue reading

What is a workers right to claim holiday pay?

By Amanda Sanders (UK) on February 7, 2022 Posted in General, UK

The UK Court of Appeal has given its judgment in the case of Smith v Pimlico Plumbers and has allowed the appeal by the appellant in relation to his claim for holiday pay. The case considered whether the worker (who had been incorrectly identified as self-employed) was within time to bring his claim for paid … Continue reading

What to expect in employment law in England in 2022

By Amanda Sanders (UK) on January 13, 2022 Posted in General, UK

Although the start of 2022 continues to be dominated by the COVID-19 pandemic, it is hoped that 2022 may see the introduction of some of the legislative developments, which were delayed or postponed since 2019. This blog post looks at what changes employers can expect in relation to employment law this year, and what steps … Continue reading

Temporary changes to self-certification for statutory sick pay

By Amanda Sanders (UK) on December 21, 2021 Posted in Coronavirus, UK

On 17 December 2021, The Statutory Sick Pay (Medical Evidence) Regulations 2021 came into force. The regulations temporarily extend the period that employees can self-certify to 28 days. Generally employees who are absent from work due to a period of sickness absence can self-certify for the absence for any period of up to seven days. … Continue reading

Administrator can be liable for failure to notify of collective redundancies

By Amanda Sanders (UK) on December 9, 2021 Posted in General, UK

In a recent case, the Court held that a prosecution can be brought against an administrator if they are held to be conniving in the failure of the employer to notify the Secretary of State of collective redundancies. The Court also held that the English Court had jurisdiction to hear the claim notwithstanding that the … Continue reading