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Consultation on proposed changes to the EAT Rules and Practice Direction

The Employment Appeal Tribunal (EAT) has launched a consultation on proposed changes to the EAT Rules and Practice Direction. The key proposals are to: (1) remove the requirement to include the ET1 claim form and ET3 response form when instituting an appeal, (2) allow an extension of time to submit the appeal where the EAT… >>

30 June 2023

Manifestation of religion or belief: EAT remits Facebook posts case and sets out principles underpinning proportionality assessment (Higgs v Farmor’s School)

In dismissing a direct religion or belief discrimination claim brought by a Christian employee following complaints relating to her social media posts which criticised the nature of sex education in schools (including gender fluidity and same sex marriage) the employment tribunal had erred in that it failed to: (1) conclude that there was a close… >>

23 June 2023

Employment tribunal quarterly statistics for the period January to March 2023

In the period from 1 January to 31 March 2023 (Q4 2022–23), a total of 22,823 claims were received by employment tribunals, 36% of which were single claims (8,145), and the remaining 64% (14,678) were multiple claims, 20,077 claims were disposed of (of which 9,046 were single claims), and 476,831 claims were outstanding (including 37,136… >>

16 June 2023

The Employment (Allocation of Tips) Act 2023 receives Royal Assent

The Employment (Allocation of Tips) Act 2023 (E(AT)A 2023) received Royal Assent on 2 May 2023, providing protection to more than two million workers by making it unlawful for businesses to withhold tips from their employees. E(AT)A 2023 will be supported by a new statutory Code of Practice that will set out advice for businesses… >>

3 June 2023

Government consults on reforms to working time rules, holiday pay and TUPE

On 12 May 2023, the government published a consultation paper, setting out its plans regarding the future of retained EU employment law. The consultation paper confirms the government’s intention to keep retained EU employment laws in the following areas without any change: family leave rights (maternity, paternity, adoption and parental leave), ‘atypical’ workers’ rights (part-time… >>

30 May 2023

EHRC publishes statement on their advice on the definition of ‘sex’ in the Equality Act

The Equality and Human Rights Commission (EHRC) has published a statement rejecting the claim that their work promotes the exclusion of trans individuals, following commentary on their advice regarding the definition of ‘sex’ in the Equality Act 2010 (EqA 2010). In April 2023 the EHRC advised the Minister for Women and Equalities, Kemi Badenoch, that… >>

20 May 2023

Coronavirus Job Retention Scheme did not create statutory rights for employees (Mones v Lisa Franklin Ltd)

The government’s Coronavirus Job Retention Scheme, introduced during the coronavirus (COVID-19) pandemic, created rights and obligations between HMRC and employers and did not create any statutory rights for employees, according to the Employment Appeal Tribunal (EAT). What are the practical implications of this judgment? This judgment is of interest as one of the first appellate… >>

7 May 2023