Legal news: Employment update

Navi Atwal rounds up developments affecting employers and their advisers When considering whether it is just and equitable to extend tribunal time limits, the starting point is the words of the statute, which confer a wide discretion on the tribunal. Covid special leave policy held not discriminatory by the EAT We continue to see decisions …
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Legal news: Employment update

Antonia Blackwell rounds up recent developments affecting employers and their advisers It is vital to inform the employment tribunal as soon as it becomes clear that oral evidence from abroad may be needed to avoid, as much as possible, any delays in the tribunal process. New presidential guidance on giving oral evidence from abroad The …
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Collective redundancies: Criminal liability for failure to submit an HR1 – who is at risk?

Anita Mulholland explores a recent decision on personal liability for failure to notify the Secretary of State of proposed collective redundancies Directors, managers – and now administrators – may face personal prosecution if they fail to submit an HR1 form within the prescribed time. In R (on the application of Palmer) v Northern Derbyshire Magistrates’ …
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Dismissal: To appeal or not to appeal, that is the question

In light of two recent cases, Christopher Fisher and Katherine Fox consider whether there are situations in which employers do not need to offer employees the opportunity to appeal against their dismissal A failure to offer or carry out an appeal is not fatal to the fairness of a redundancy or SOSR dismissal, but it …
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Furlough scheme: Recent cases highlight importance of considering alternatives to redundancy

Sarah Evans examines two decisions on whether it was fair to make employees redundant instead of furloughing them and the wider lessons for employers making redundancies as the CJRS closes The distinguishing feature of these two cases, and a clear reminder to employers, is that a failure to consider an alternative to redundancy, whatever that …
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Litigation: Covid-19 related claims and how to avoid them

Samantha Mackie and Kim Pattullo explain how to reduce the risk of employment tribunal claims arising from the pandemic and resulting economic downturn For employers looking to implement redundancy exercises, it is important that they take the time to ensure their processes are legally compliant. The coronavirus pandemic has undoubtedly had a profound impact on …
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