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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.

 

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Employment rights

Employment rights

Weekly Issue 919

Did a clause requiring an employee to pay back the training fee amount to a restraint of trade?

The Court of Appeal has ruled that a training repayment clause requiring an employee to repay £8,108 on leaving employment was an unenforceable restraint of trade, with important implications for employers and trade unions.

Employment rights

Weekly Issue 919

Government launches review of the employment rights of unpaid carers almost three years after the Carers Leave Act was passed.

The government has launched a consultation on carers’ leave and support for parents of seriously ill children, exploring potential reforms including paid carers’ leave, extended leave entitlements and stronger workplace rights.

Employment rights

Weekly Issue 918

The Government responds to the consultation on setting up the School Support Staff Negotiating Body (SSNB) and sets out its proposal as to who will be in scope.

The Government has confirmed the scope of the new School Support Staff Negotiating Body (SSSNB), covering pay, terms and conditions for school support staff in England, while excluding agency workers from sector-wide bargaining arrangements.

Employment rights

Weekly Issue 916

Leedham v Royal Mail Group Limited - Does a digital online payslip comply with the legal duty on employers to provide a written payslip?

The EAT has ruled that digital-only payslips can comply with the Employment Rights Act 1996. Learn what Leedham v Royal Mail means for employers and the legal risks of electronic pay statements.

Employment rights

Weekly Issue 914

Government moves to overhaul “broken” fit note system with pilots focused on keeping people in work

The government plans to overhaul the fit note system to improve support for staying in and returning to work, with pilots testing personalised plans and wider healthcare involvement.

Employment rights

Weekly Issue 912

Radical Reform Proposals Aim to Tackle Deepening Employment Tribunal Backlog

The Employment Lawyers Association has called for urgent and wide‑ranging reforms to the employment tribunal system, warning that delays are undermining access to justice for workers and employers alike amid a growing backlog of cases.

Unfair dismissal

Weekly Issue 911

Tarbuc v Martello Piling Ltd

Employers cannot use section 111A as a blanket shield to exclude evidence where claims are made in addition to unfair dismissal, such as unlawful deduction from wages claims, discrimination claims, detriment claims, or automatic unfair dismissal.

Equality, discrimination and harassment

Weekly Issue 911

Women and Equalities Committee launches inquiry into disabled people’s access to flexible working

Despite greater flexibility around hours, shift patterns and location, the disability employment gap remains entrenched.

Employment rights

Weekly Issue 910

McMahon v AXA ICAS Ltd

This is a significant and novel decision for employees relying on permanent health insurance schemes and for employers who provide them. The judgment confirms that contractual PHI benefits may survive dismissal and can be enforced as “wages” under the ERA.

Employment rights

Weekly Issue 910

Draft Regulations Propose Six‑Month Tribunal Time Limits

Draft regulations have been laid before Parliament that would extend the time limit for bringing the majority of employment tribunal claims from three months to six months.

Employment rights

Weekly Issue 909

The Right to be Informed You Can Join a Trade Union

Section 58 of the Employment Rights Act 2025, inserts a new section 136A into TULRCA 1992 which will require employers to give workers a written statement advising that they have the right to join a trade union.

Employment rights

Weekly Issue 909

Kankanalapalli v Loesche Energy Systems Ltd

The judgment is an important reminder that conditional job offers can still create binding contracts. It will be important for unions and prospective employees to carefully consider the terms of the offer and whether the conditions can only be satisfied after a contract has been formed.