Supreme Court restores High Court injunction restraining Tesco from ‘firing and rehiring’ employees on less favourable terms

In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, in a unanimous decision in which Lord Burrows and Lady Simler delivered the leading judgment, the Supreme Court agreed with the previous High Court decision and restored the injunction restraining Tesco from terminating employment contracts for the specific purpose… >>

Labour drops predictable hours legislation to pursue stronger right

The new Labour government has dropped legislation that gives workers the right to request a more predictable working pattern to allow them to pursue a stronger contractual right to the hours they usually work. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law… >>

Air travel company’s flexible working policy disadvantaged women

In Zaidi v Dnata Ltd (ET/3302697/2022) a female airport worker has won her indirect sex discrimination case against an air travel services provider, with a tribunal ruling that the company’s policy that staff work any shift put women at a disadvantage because it conflicted with childcare commitments. Pro Employment LawFormed in 2017, following significant legislative… >>

Constructive dismissal: ET erred by taking into account claimant’s failure to appeal grievance outcome when deciding whether the employer was in repudiatory breach

In Nelson v Renfrewshire Council [2024] EAT 132 the EAT held that the employment tribunal had wrongly taken into account the claimant’s failure to appeal the outcome of her grievance when deciding whether or not the employer’s conduct amounted to a breach of the implied term of mutual trust and confidence. It is the employer’s… >>

TPC’s consultation on changes to procedure rules in ETs (England & Wales) and ETs (Scotland)

The Tribunal Procedure Committee (TPC) has launched a consultation seeking views on potential amendments to the rules for each Chamber of the First-tier Tribunal and the employment tribunals (ETs) regarding the provision of written reasons for decisions. The procedural rules that apply to ETs are contained in Schedule 1 to the Employment Tribunals (Constitution &… >>

Former Royal Mint HR director partly successful in disability claim

In Bradley v The Royal Mint Ltd (ET Case No 1601525/2022), the Cardiff Employment Tribunal concluded that the Royal Mint discriminated against its Human Resources director for a reason arising in consequence of her disability (of depression, anxiety and attention deficit hyperactivity disorder) by denying her request to rescind the resignation that she submitted while… >>