Labour and European Law Review
Thompsons’ Labour and European Law Review (LELR) is recognised as an authoritative source of comment and discussion of rulings which fall under both UK and European law. Available to read here, and also via a weekly email bulletin, LELR offers considerable insight into the latest issues affecting trade unions and their members.
Articles shared by Thompsons relating to coronavirus (COVID-19) are correct on the time of publication. You should check the government's guidelines for the latest information and advice at https://www.gov.uk/coronavirus.
LATEST ISSUES
- Changes to furlough support
- Notice of termination
- Degree of control
- Furlough for working parents
- The “plus” factor
- Taking protective steps
- Call to reform sick pay
- Repudiatory acceptance
- Fair-minded observer
Coronavirus (COVID-19)
Changes to furlough support
Following the national lockdown, the government has updated its guidance on which employees can be furloughed under the current scheme (...).
13 January 2021
Contract of employment
Notice of termination
When an employment contract is terminated by notice, the date of termination is the date on which notice expires. In Gardner v The Coopers Company & Coborn School, the Employment Appeal Tribunal consi
13 January 2021
Definition of a worker
Degree of control
When determining if someone is an employee, tribunals apply certain tests which include examining the degree of control that the employer has over the individual. In Glasgow City Council v Mr Johstone
13 January 2021
Maternity/Parental rights
Furlough for working parents
After a series of chaotic announcements on school closures, the TUC is calling on the government to offer furlough to all working parents (...).
06 January 2021
Equality, discrimination and harassment
The “plus” factor
To successfully challenge a complaint of indirect age discrimination about a provision, criterion or practice, employers have to show that it was a proportionate means of achieving a legitimate aim. I
06 January 2021
Health and Safety
Taking protective steps
The High Court has held in R (The Independent Workers’ Union of Great Britain) v The Secretary of State for Work and Pensions and ors that the concept of “worker” protected under two EU health and saf
06 January 2021
Coronavirus (COVID-19)
Call to reform sick pay
The Resolution Foundation, an independent think tank, is calling on the government to allow employers to use the Job Retention Scheme to pay self-isolating workers rather than Statutory Sick Pay (...)
16 December 2020
Unfair dismissal
Repudiatory acceptance
If an employer fundamentally breaches a contract of employment (called a repudiatory breach), the employee may accept the breach, resign and claim unfair constructive dismissal. In Chemcem Scotland Lt
16 December 2020
Equality, discrimination and harassment
Fair-minded observer
In Lyfar-Cissƒ v Brighton and Sussex University Hospitals NHS Trust, the question was raised as to whether a tribunal decision was biased by the presence of a lay member at two hearings relating to th
16 December 2020
Contract of employment
The consulting room
The government has issued two consultation documents dealing with terms in employment contracts as a result of the impact that the coronavirus (COVID-19) pandemic has had on employment levels (...).
09 December 2020
Contract of employment
Periods of employment
Prior to April 2020, the law required employers to provide employees with a statement of terms and conditions within two months of starting their employment. In Iqbal (t/a Smokin’ Rooster) v Singh, th
09 December 2020
Definition of a worker
Ultimate control
In order to decide whether someone is an employee or an independent contractor, tribunals have to consider the degree of control that the employer has over the individual, among other things. In Banne
09 December 2020