Employment Case Law Update June 2024

employment case law update July 2023

Read on for our monthly digest for employers on upcoming employment law changes and key, recent employment tribunal cases.   Indirect Discrimination Boohene and Ors v Royal Parks Ltd   The claimants were employed by a contractor working on an outsourced maintenance contract for Royal Parks. Although Royal Parks had committed to ensuring its employees […]

Settlement Agreements for Employers

settlement agreement

Settlement agreements offer employers and employees a way to end employment on mutually agreed terms. Effective use of these agreements can help employers mitigate risks, protect company interests, and maintain a positive workplace environment. They also ensure that any potential claims are resolved without the need for lengthy and costly legal proceedings. However, for a […]

Should You Offer Voluntary Redundancy?

voluntary redundancy

Voluntary redundancy is an option for employers to consider as an alternative to making compulsory redundancies. For employers, it is important to understand the legal and personnel issues of offering voluntary redundancy to avoid complaints and potential legal claims. In this guide, we explain what voluntary redundancy means and how it works in practice, as […]

How to Calculate Pro Rata Salary & Holiday

pro rata

Pro rata is a term derived from the Latin phrase “pro rata parte,” meaning “in proportion.” In the context of employment, pro rata refers to the proportional allocation of salary, holiday entitlement, or other benefits based on the actual time worked compared to a full-time schedule. This concept is particularly relevant for part-time employees, those […]

Constructive Dismissal for Employers

constructive dismissal

Constructive dismissal is when an employer has committed a sufficiently serious breach of contract that the employee’s only option is to resign in response to the employer’s conduct or treatment. The employee may then bring a claim against the employer at the Employment Tribunal. Since constructive dismissal can have significant legal and financial implications for employers, […]

Protected Characteristics: A Guide for Employers

protected characteristics

In the UK, it is unlawful to treat someone unfairly at work due to protected characteristics, as specified under the Equality Act 2010. The protected characteristics which are safeguarded against discrimination under the Act include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination […]

Leave of Absence (Employers’ Guide)

leave of absence

Leave of absence usually refers to an extended period of time when an employee is not working but they remain employed. There are many reasons why an employee takes time off work – from medical to family or personal reasons – which will impact how long they are away from work and should determine how […]

What Is Positive Discrimination?

positive discrimination

Understanding what is meant by positive discrimination, and how this applies within the workplace, plays an important part in creating a fair and inclusive working environment without unlawfully discriminating against anyone. The following guide examines the concept of positive discrimination in the context of equality and diversity at work, including the difference between positive discrimination […]

Is Working Whilst Signed Off Sick Allowed?

working while signed off sick

Working whilst signed off sick isn’t strictly prohibited by UK law, although an employer is under a statutory duty to ensure the health and wellbeing of its employees. Caution must therefore be exercised by employers if asking or allowing an employee to return to work early. The following guide for employers and HR personnel provides […]

Positive Action in the Workplace

positive action

Employers are under a legal duty not to discriminate against prospective or existing employees, either negatively or positively. However, that is not to say employers cannot take ‘positive action’ to assist certain groups of people that are potentially at a disadvantage or under-represented within their workforce. In this article we examine what amounts to taking […]