海角破解版

Welcome to March's newsletter

In this edition of our employment law newsletter, our news section considers the impact of the lifting of the last Covid restrictions on employers; updated Acas guidance for bereavement and the Home Office's postponement of the听digital right-to-work checks.听

Legal analysis is provided by our members:
-听Alex Leonhardt looks at the limits of 鈥渇iring and re-hiring鈥�, with his analysis of听USDAW & Ors v Tesco Stores Limited [2022] EWHC 201 (QB);
- Andrew MacPhail considers if听a policy-based decision can be a one-off event or conduct extending over a period in听Parr v MSR Partners LLP [2022] EWCA Civ 24;
- Grace Nicholls examines听a听claim of victimisation compromised by COT3 in听Arvunescu v Quick Release (Automotive) Limited [2022] EAT 26;
- Mark Green听analyses Kocur v Angard Staffing Solutions Ltd & anr : [2022] EWCA Civ 189, a case in which the CoA examined whether agency workers and employees have the same rights regarding recruitment;

- Katherine Anderson examines the听EAT's confirmation that a claim cannot be brought for a quantum meruit under the unlawful deductions from wages jurisdiction,听but an employee may have a good claim in the ordinary courts in听Abellio East Midlands Ltd v Mr K Thomas [2022] EAT 20;
- Craig Ludlow looks at听the present limitations on the ability of trade unions to call industrial action;
- Finally, Karen Moss听reviews whether听a worker can claim, on termination, payment for untaken holiday carried over from previous holiday years with her analysis of听Smith v Pimlico Plumbers Ltd 2022 EWCA Civ 70.

The end of Covid restrictions and its likely impact on employers' duties to their employees

Following the removal of the last Covid restrictions - including the legal requirement for people with Covid to self-isolate - the British Medical Journal examines what employers should do and consider so that staff and customers鈥攅specially those who are clinically vulnerable鈥攁re not put at risk.

ACAS publishes new guidance for employers on bereavement leave and pay

Acas updates its useful good practice guide for employers on managing employee bereavement in the workplace, considering leave and pay.

Employers to have more time to prepare for digital right-to-work checks

The Home Office has deferred until 30 September 2022 the scrapping of temporary adjusted checks for employers to establish a candidate鈥檚 right to work in the UK.

Can a worker claim, on termination, payment for untaken holiday carried over from previous holiday years?

听analyses the Court of Appeal's judgment in听Smith v Pimlico Plumbers Ltd 2022 EWCA Civ 70听and explores its practical ramifications for employment lawyers.

The present limitations on the ability of trade unions to call industrial action

In this article,听听argues that the ability of trade unions to call industrial action in England is limited both by common law and statutory barriers to immunity in tort; and narrowed very considerably since the passing of
the Trade Union Act 2016 (鈥楾UA鈥�).

EAT confirms a claim cannot be brought for a quantum meruit under the unlawful deductions from wages jurisdiction...

...but an employee may have a good claim in the ordinary courts. 听reviews Abellio East Midlands Ltd v Mr K Thomas [2022] EAT 20, a case in which an employee started a new role for their employer before details of the new salary had been agreed.

Recruitment, agency workers and statutory interpretation听

听analyses Kocur v Angard Staffing Solutions Ltd & anr : [2022] EWCA Civ 189, a case in which the Court of Appeal gave general guidance on statutory interpretation and examined whether agency workers and employees have the same rights regarding recruitment.

EAT confirms claim of victimisation compromised by COT3听

听analyses Arvunescu v Quick Release (Automotive) Limited [2022] EAT 26, a useful reminder for respondents and those advising them to ensure wordings on COT3 are carefully drafted. The EAT's decision is based on facts which are not unique and might be a useful authority to have into one鈥檚 arsenal in defending claims at any early stage where there has previously been a COT3 drawn up and executed.

Is a policy-based decision a one-off event or conduct extending over a period?

听analyses Mr Parr v MSR Partners LLP [2022] EWCA Civ 24, a case in which the Court of Appeal provides useful guidance for any practitioner seeking to advise on the issue of limitation within the context of a rule/policy -based decision.

On the limits of 鈥渇iring and re-hiring鈥�

听analyses USDAW & Ors v Tesco Stores Limited [2022] EWHC 201 (QB),听in which the High Court considered the restraints on the ability of employers to terminate with notice in order to impose new terms, in circumstances where there had been a prior commitment to keep a particular term.

Meet the team

海角破解版鈥檚 employment law group offers expert advisory and advocacy services to private and public sector employers听across all areas of employment law including unfair dismissal, discrimination, equal pay, industrial disputes, executive contracts, wrongful dismissals, restrictive covenants, whistleblowing, TUPE, injunctions, pensions disputes and disciplinary proceedings.