In the case of Rodgers v Leeds Laser Cutting Ltd, the Court of Appeal has decided that an employee had not been automatically unfairly dismissed for refusing to come to work during the COVID-19 pandemic. This is a notable decision as it is the first post-pandemic Court of Appeal claim considering s100(1)(d) of the
Claiming legal privilege over a grievance investigation report
In this episode of the Mayer Brown employment podcast, Chris Fisher looks at a recent case where an employer was unable to claim legal privilege over a grievance investigation report which they had sent to their lawyers for advice the day after it had been finalised, and before it had been sent to the employee. …
Holiday pay: Harper Trust v Brazel
In the case of Harper Trust v Brazel, the Supreme Court has confirmed that workers who only work for part of the year, but on permanent contracts, are effectively entitled to the same holiday allowance as workers who work all year.
The Working Time Regulations entitle workers to 5.6 weeks’ paid annual leave. Where…
Asia Employment Law: Mid-Year Review
Our Employment & Benefits team in Hong Kong have published the Asia Employment Law: Mid-Year Review – 2022 H1, a publication covering 14 jurisdictions in Asia.
In this thirty-fifth edition, they flag and comment on employment law developments during the first half of 2022 and highlight some of the major legislative, consultative, policy and…
Germany: Changes to the Act on the Notification of Conditions Governing the Employment Relationship – Effective 1 August 2022
Effective 1 August 2022, the German Act on the Notification of Conditions Governing the Employment Relationship (Nachweisgesetz – NachwG) will be updated.
The new law recently passed the legislative process. It still needs to be executed by the Federal President and published, but this will likely happen by end of July 2022 at the…
Well-intentioned gesture or risk for the economy?
Increases in minimum wage and marginal earnings threshold – well-intentioned gesture or risk for the economy?
At the start of its legislative period, the new federal government set itself ambitious goals of reforming the labour market and the social system. One of the key points of the election campaign was that more justice and respect…
Enforcing non-compete clauses: the importance of delay and the balance of convenience
In this episode, Chris Fisher looks at the recent Court of Appeal decision in Planon v Gilligan, where the employer was refused an injunction to enforce a non-compete clause because of the loss of income that the employee would have suffered and the two month delay before the employer issued its proceedings.
Latest cases: enforcing a 12 month non-compete, resignations turning into dismissals and agency workers’ rights to vacant roles
In the latest episode of our Employment Podcast, Chris Fisher and Miriam Bruce look at three recent cases:
- whether a 12 month non-compete covenant could be enforced against a solicitor (either through the covenant in their employment contract or the slightly wider covenant in their shareholder agreement);
- whether a resignation becomes a dismissal if the
Vento bands increasing
Following on from our post last week on new employment rates and limits (click: here), the Presidents of the Employment Tribunals in England & Wales and Scotland have issued guidance updating the so-called Vento bands. The Vento bands provide guidance on the amount of compensation to be awarded by Tribunals for injured feelings in…
Can an employer dismiss an employee who refuses to be vaccinated?
In the first reported case on the point, an Employment Tribunal has recently considered the issue of mandatory vaccination, in Allette v Scarsdale Grange Nursing Home Ltd, and found that a care assistant was fairly dismissed by a nursing home due to her refusal to be vaccinated against COVID-19. The events of the case…