In January this year, we reported on a decision from the Scottish Court of Session which held that employers can settle future claims which are unknown at the time of entering into a settlement agreement, even if the basis for the claims has not yet arisen (Bathgate v Technip Singapore Pte Limited): https://www.mayerbrown.com/en/insights/publications/2024/01/the-unknown-unknowns-settling-future-employment-claims-in-the-uk
Case Law
The unknown unknowns: settling future employment claims in the UK
Our latest legal update considers a recent decision from the Scottish Court of Session which makes it clear that employers can settle future claims which are unknown at the time of entering into a settlement agreement, even if the basis for the claims has not yet arisen (Bathgate v Technip Singapore Pte Limited).…
Supreme Court decides that riders are not in an employment relationship with Deliveroo
On 21 November 2023, the Supreme Court ruled that Deliveroo riders (“Riders”) are not in an “employment relationship” for the purposes of Article 11 of the European Convention on Human Rights. The Supreme Court decision is entirely consistent with previous decisions by the Central Arbitration Committee (“CAC”), High Court and Court…
Dangers in the workplace: Court of Appeal decides that employee not automatically unfairly dismissed for refusing to come to work during the pandemic
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.
https://www.mayerbrown.com/en/perspectives-events/podcasts/uk-employment-law