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

Governments response on Retained EU Employment Law

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

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

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

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

Transfer of share incentive plans under TUPE

The Court of Session in Ponticelli UK Ltd v Gallagher recently provided further clarification on what employment benefits transfer when employees transfer from one employer to another under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). When an employee transfers from one employer to another under TUPE the rights and benefits they enjoy … Continue reading

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

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

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

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

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?

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

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

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

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

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.

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

Steps for Employers after the ending of COVID-19 restrictions

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
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