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Previous editions

August 2022

  • Court of Appeal overturns High Court decision on Tesco ‘fire and rehire’
    The Court of Appeal has allowed an appeal from Tesco against the previous decision of the High Court which granted an injunction preventing it from ‘firing and rehiring’ employees in order to force a change to terms and conditions of employment.
  • Gender critical beliefs are protected in the workplace
    In June 2021 Ms Forstater successfully established a binding legal precedent that gender critical beliefs were in principle protected by the Equality Act. Following that appeal her case continued at the Employment Tribunal to determine whether she was discriminated against on the basis of her protected belief.
  • Employers must ensure that the “punishment fits the crime” when considering disciplinary sanctions
    When a disciplinary officer has heard all the evidence at a disciplinary hearing, they must decide whether it is appropriate to impose a disciplinary sanction. This could be anything from a first written warning to dismissal without notice. When considering dismissal there are 5 potentially fair reasons. These are conduct, capability, redundancy, a legal reason and ‘some other substantial reason’. This article focuses on conduct dismissals.
  • Keeping the status quo: the Government confirms that it will not reform the law on employment status
    The Government has published a response to its 2018 consultation on the UK’s current employment status framework. The Government’s response confirms that it will not reform this complex area of the law. Businesses must therefore continue to use the current framework to determine the correct employment status of individuals providing services.

June 2022

  • A breach or a fundamental breach
    Constructive unfair dismissal claims are difficult claims to bring successfully as the burden is on the Claimant to show that there was a fundamental breach that they resigned in response to (promptly).
  • Forcing an employee to express milk in car and toilet held to be harassment
    An Employment Tribunal has recently held that a school committed an act of harassment on the grounds of sex when they did not provide a space for a female teacher to express breast milk at work.
  • The menopause at work – why should it matter to employers?
    The Minister for Work and Pensions and Minister for Women, has this week confirmed that the Government is not currently planning to introduce menopause as a protected characteristic under the Equality Act 2010. However, employers should still consider the implications of menopause which is an emerging issue for employers.

Your key contacts

Tim Copplestone photo, Senior Associate Employment & HR

Tim Copplestone email Tim Copplestoneemail Tim Copplestone

Partner

Bristol

Tim is an employment lawyer within the firm’s sport sector and has himself represented Great Britain in kayaking. He is identified as a Leading Individual in the Legal 500 2021.

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Emma Hamnett photo, Partner Corporate

Emma Hamnett email Emma Hamnettemail Emma Hamnett

Partner

Manchester and London

Emma Hamnett is a partner in Clarke Willmott solicitors' Manchester Employment team specialising in all aspects of employment law.

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Sharon Latham photo, Partner Employment & HR

Sharon Latham email Sharon Lathamemail Sharon Latham

Partner

Bristol and Cardiff

Sharon Latham is a partner in Clarke Willmott solicitors' Bristol Employment team specialising in HR/legal/strategic support for businesses.

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Marc Long photo, Partner Employment & HR

Marc Long email Marc Longemail Marc Long

Head of Employment and HR Team/COFA

Southampton and London

Marc Long is the Head of Clarke Willmott's Employment and HR team specialising in TUPE and outsourcing.

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Paula Squire photo, Senior Associate Employment & HR

Paula Squire email Paula Squireemail Paula Squire

Partner

Taunton

Paula Squire is a Partner in Clarke Willmott solicitors' Taunton Employment team specialising in disciplinary action and business sale agreements.

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Anna Youngs - Employment Partner - Clarke Willmott Birmingham

Anna Youngs email Anna Youngsemail Anna Youngs

Partner

Birmingham

Anna is a Partner in Clarke Willmott’s Birmingham Employment & HR team supporting employers with all aspects of employee relations & employment law issues.

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