Dentons - UK Employment Law Round-up

Brexit: will it really matter?

July 27, 2016

You'd be forgiven for hoping that you'd open this month's newsletter and see no mention of Brexit. But this is something that's not going away, and given how important it will be to the future of the UK, it would be remiss of us not to mention it in our first newsletter since the big decision was made.

Protected conversations and admissibility as evidence

July 27, 2016

It is commonplace for employers to enter into settlement negotiations with their employees prior to termination of their employment. Where there is a genuine dispute at the heart of the negotiations, it is well established that these discussions will usually be covered by without prejudice privilege. If settlement can't be reached, whilst the detail of the negotiations will be inadmissible in a Court or Tribunal, the fact of the negotiations themselves will be disclosable (if the parties so wish).

Recent case law on the scope of the ACAS Code

July 27, 2016

The scope of the ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) has been questioned following two recent claims concerning ill health and some other substantial reason (SOSR) dismissals. If the Code applies, a Tribunal can impose a financial penalty on anyone who unreasonably fails to comply with it. Specifically, a Tribunal can impose an uplift or reduction of up to 25 per cent in any award it gives.

ASDA equal pay claims

July 27, 2016

On Monday 20 June 2016, a seven-day hearing began in the largest private sector equal pay claim ever brought. It is estimated that the claim, if successful, could cost ASDA over 100 million pounds. It could also have wide-ranging implications for other employers, particularly those in the retail sector.

House of Commons Justice Committee review of Tribunal fees

July 27, 2016

It has now been three years since the introduction of Employment Tribunal fees (ET Fees). There is an ongoing challenge to ET Fees by the union Unison, which is taking its judicial review case to the Supreme Court.