IDS

Employment law updates and analysis from the legal research team at IDS.
Part of @TRLegalUKI

[IDS @IDS_team]

Separate guidance on taking oral evidence by video or telephone from persons located abroad issued by ET Presidents in England & Wales and Scotland, taking effect from today #ukemplaw https://t.co/Bne99BcrGL; https://t.co/laoC1T6J3s

[IDS @IDS_team]

CA: ‘activities of trade unions’ for purposes of Blacklists Regulations includes industrial action; irrelevant whether union has immunity under S.219 TULR(C)A so long as action is official #ukemplaw https://t.co/woz4HWOS8Z

[IDS @IDS_team]

Lady Chief Justice has appointed Lord Fairley to succeed Mrs Justice Eady as President of the Employment Appeal Tribunal with effect from 1 February 2025 #ukemplaw https://t.co/gAGdC7omPh

[IDS @IDS_team]

Senior President of Tribunals issues Practice Statement authorising legal officers to carry out various functions in employment tribunals, including extending or shortening time limits and considering whether a claim form contains substantive defects https://t.co/ROqhqAOZT8

[IDS @IDS_team]

EAT: ET erred in determining whether employee contributed to dismissal when considering re-engagement order where no finding on contributory conduct made at liability stage and issue withdrawn prior to remedy hearing #ukemplaw https://t.co/bhs9eKN0CE

[IDS @IDS_team]

EAT: if emp'ee objects to TUPE transfer under Reg 4(7) and Reg 4(9) applies, contract does not transfer; if emp'ee elects not to terminate contract under Reg 4(9), Reg 4(8) terminates contract with transferor, who is treated as having dismissed #ukemplaw https://t.co/x5MnASmUjD

[IDS @IDS_team]

Employment Tribunal Procedure Rules 2024 SI 2024/1155 to replace current procedure rules on 6 January 2025; Schs 1-3 of 2013 Tribunal Regulations to be repealed by Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024 #ukemplaw https://t.co/4enWnY8Ds8

[IDS @IDS_team]

EAT: ET’s finding that job-related fitness test indirectly discriminated against female police officer was unsafe; no explanation of alternative test that could have achieved employer’s aims or whether it would have had less discriminatory impact #ukemplaw https://t.co/lBDrmkyJ0N

[IDS @IDS_team]

EAT: not in interests of justice to allow point not put before ET to be run on appeal, despite impact on remedy. Allowing point to be run would mean ET required to rehear remedy; significant cost to respondent; and claimant would receive windfall #ukemplaw https://t.co/r4Ke5PVTMC

[IDS @IDS_team]

EAT: ET wrong to find that comments about employee’s accent not harassment under EqA because not motivated by race; accent may be an important part of a person’s national or ethnic identity and such comments could therefore be related to race #ukemplaw https://t.co/RMcLk3IBkR

[IDS @IDS_team]

Government amendments to Employment Rights Bill at Committee Stage include provision to increase time limit for employment tribunal claims from three months to six months #ukemplaw https://t.co/3aHRNcqH7j

[IDS @IDS_team]

Supreme Court holds that PCS union entitled to enforce check-off arrangements under Contracts (Rights of Third Parties) Act 1999 #ukemplaw uksc-2023-0075-0076-0077-judgment.pdf

[IDS @IDS_team]

SC: record of collective agreement that inaccurately reflected what parties agreed could be rectified; correct defendants to rectification claim were employees into whose contracts terms of agreement were incorporated #ukemplaw https://t.co/MU8FyYyoiR

[IDS @IDS_team]

EAT: ET entitled to find evidence of pre-termination negotiations inadmissible in claimant’s unfair dismissal claim; no improper behaviour by employer in making settlement offer at return-to-work meeting after sickness absence #ukemplaw https://t.co/EJXDUCs8Qw

[IDS @IDS_team]

CA restores ET’s decision that recruitment consultant’s dismissal by reason of redundancy was not procedurally unfair; rejects EAT’s view that ‘general workforce consultation’ should be regarded as the usual standard in smaller-scale redundancies #ukemplaw https://t.co/Mvbwi6IJrW

[IDS @IDS_team]

Buy the latest 2024 edition of the IDS Employment Law Handbook, ‘Contracts of Employment’, available in print and as an e-book on ProView https://t.co/QI7XKghvuV (also available on Westlaw UK) #ukemplaw

[IDS @IDS_team]

EAT: ET erred in finding that a volunteer charity trustee who received no remuneration was not in ‘analogous situation’ to a worker so could not pursue whistleblowing claim relying on Articles 14 and 10 ECHR #ukemplaw https://t.co/CXgKhrWLM6

[IDS @IDS_team]

Government launches Employment Rights Bill consultations on application of guaranteed hours contracts to agency workers and measures on collective redundancy consultation and ‘fire and rehire’, trade union legislation and statutory sick pay #ukemplaw https://t.co/qiageXco7t

[IDS @IDS_team]

EAT President issues new EAT Practice Direction to amend and replace 2023 PD; 2024 PD will apply to appeals commenced on or after 1 February 2025 and those commenced before that date for steps that take place on or after it #ukemplaw https://t.co/oqS1dudNMI

[IDS @IDS_team]

EAT: ET erred by reading additional words into S.121 EqA to enable serving member of the RAF to bring sex discrimination complaint about the armed forces statutory service complaints process, which was excluded on literal interpretation of S.121 #ukemplaw https://t.co/iYpUBmHHjb