Employment Law Review
Thompsons’ Employment Law Review is recognised as an authoritative source of comment and discussion from our trade union law specialists. Available to read here, and also via a weekly email bulletin, the Employment Law Review offers considerable insight into the latest issues affecting trade unions and their members.
Latest Issues
Weekly issue 865
- Understanding the 1 July changes to TUPE for small business
- EAT Ruling on Individual Liability in Discrimination Claims
- Virgin Atlantic Redundancy Tribunal Ruling
Weekly issue 864
- Court ruling highlights risks of settlement agreements for union members
- Court ruling on outsourced workers’ pay disparities
- EAT decision on discriminatory constructive dismissal
Weekly Issue 863
- Record numbers on zero-hours contracts
- Green and grey differences
- Constructive dismissal
Employment rights
Weekly issue 865
Understanding the 1 July changes to TUPE for small business
Key changes to TUPE regulations effective 1 July 2024 allow direct employee consultation for small businesses, enhancing employee rights during business transfers.
Equality, discrimination and harassment
Weekly issue 865
EAT Ruling on Individual Liability in Discrimination Claims
Miss C Baldwin v Cleves School: EAT finds individual liability for disability discrimination under s.110 EqA, overturning initial tribunal decision.
Unfair dismissal
Weekly issue 865
Virgin Atlantic Redundancy Tribunal Ruling
Virgin Atlantic Airways Ltd faced claims of unfair dismissal and indirect discrimination, leading to a tribunal ruling that required the disclosure of unredacted internal documents related to redundancy criteria.
Employment rights
Weekly issue 865
EAT Rules Volunteer Entitled to Worker Rights for Paid Activities
The EAT ruled that Mr. Martin Groom, a volunteer with the Coastal Rescue Service, should be considered a worker for certain paid activities, entitling him to employment rights and trade union representation, despite his volunteer status.
Employment rights
Weekly issue 864
Court ruling highlights risks of settlement agreements for union members
The importance of precise language in settlement agreements, as the Court of Session ruled that future claims, even if unknown, can be waived, and reaffirmed the exclusion of seafarers from Equality Act protections.
Equal pay
Weekly issue 864
Court ruling on outsourced workers’ pay disparities
The Court of Appeal confirmed that discrimination claims related to pay disparities cannot be brought against the principal (The Royal Parks Ltd) but must be directed at the direct employer (the contractor). This ruling highlights the need for union representatives to guide members accurately in identifying the responsible party for such claims.
Disciplinary and dismissal
Weekly issue 864
EAT decision on discriminatory constructive dismissal
The importance of presenting comprehensive claims and considering continuing acts of discrimination. Union representatives must ensure all relevant claims are articulated clearly and within time limits.
Zero hours contracts
Weekly Issue 863
Record numbers on zero-hours contracts
A research body has found a large rise in the number of workers employed on insecure contracts, particularly women and people from ethnic minority backgrounds.
Equal pay
Weekly Issue 863
Green and grey differences
Although employees have the right to claim equal pay with a comparator, employers can point to a specific difference between them and that person as a defence.
Unfair dismissal
Weekly Issue 863
Constructive dismissal
If an employer makes a number of important changes to an employee’s contract, they can claim that they have been unfairly dismissed whilst continuing to work.
Maternity/Parental rights
Weekly Issue 862
Unaffordable paternity rights
A new study has found that the level of rights for new fathers is so inadequate that very few of them can afford to take advantage of those that are on offer.
Equality, discrimination and harassment
Weekly Issue 862
Justifying discrimination
If an employer does not realise and could not be expected to realise that a member of staff has experienced bias, then a claim cannot be upheld against them.