New at Emplaw Online

Refusal to provide cake supporting gay marriage was not direct sexual orientation discrimination

An article from Emplaw Online authors, Lewis Silkin giving a very clear summary of the Lee v Ashers Baking Company Ltd case, its implications and a link to the full case report.

Changing Terms of Employment

Key Points

  • Adverse (to the employee) changes in existing terms of employment are usually made in one of three ways: by agreement with the employee(s), possibly with a cash "sweetener"; by unilateral variation of contract terms (or of works rules applied by the contracts); or by giving required notice to terminate existing contracts and offering new contracts on new terms.
  • Choices open to an employee are: agree with the employer's proposals; reject them and quit, perhaps claiming constructive dismissal , or reject them but continue to work on a without prejudice basis (i.e. "under protest") on the new terms, reserving all rights, negotiating if possible and ultimately bringing court or Tribunal proceedings if agreement cannot be reached.
  • The basic rule is that a unilateral change to terms and conditions of employment made by an employer without agreement of the employee is generally a breach of contract, in serious cases giving the employee the right to resign and claim constructive dismissal.
  • To avoid the risk of a successful unfair dismissal claim employers must be able to demonstrate a substantively fair reason for making the change and must be careful to carry out appropriate procedures.
  • Even a clause agreed by an employee giving the employer the right to make unilateral changes will not give the employer a total carte blanche.
  • Changes in terms of employment must be notified to employees within one month, or sometimes sooner if overseas work is involved . 
  • It is essential that employees are fully aware of, and accept, any detrimental changes to their terms of employment if the changes are to be legally binding.
Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

An article from Emplaw Online authors, Lewis Silkin giving a very clear summary of the Lee v Ashers Baking Company Ltd case, its implications and a link to the full case report.

Click here for the article.

In an article for Employment Lawyers Association, Toni Lorenzo, from Emplaw Online authors, Lewis SIlkin, discusses the Trade Secrets (Enforcement, etc) Regulations 2018 which came into force in June, implementing the EU Trade Secrets Directive. This is the first time that the UK Parliament has legislated for the protection of trade secrets.

Click here for more

This is your one-stop, once per month read to keep you up-to-date in the field of employment law. Includes need to know information and guidance for employers/ees and their advisors,tribunal news as well as an update on the Post Taylor Review consultations, and the latest on flexible working.

For Emplaw Online subscribers, there are also professional summaries of the latest key cases with links to full reports

Click here for Emplaw Monthly - End of September 2018

EMPLOYMENT LAW NEWS

FLEXIBLE WORKING UPDATE – new initiatives and possible reform

A pithy article from Emplaw Online authors- Gowling WLG - including whether the 12.07% calculation, commonly used for assessing holiday pay, is the right one.

Click here for the article

More detail is found in the Emplaw Online Law Card Holiday and Holiday Pay

We are proud to have been awarded Online Company of the Month by Business & Industry Today for our 'passion and service to employment law'  - that says it all!

We are a dynamic UK company committed to doing the best we can to support our subscribers deliver the best service they can!

Please click here for more information and a copy of the article

 

 

Make sure you haven't missed any key cases or employment law updates over the holiday period with this month's end of Summer edition. Includes need to know information and guidance for employers/ees as well as tribunal news and an equality update
For Emplaw Online subscribers, there are also professional summaries of the latest key cases with links to full reports

Click here for Emplaw Monthly - End of Summer  2018

AWARD FOR EMPLAW ONLINE

Award for the 'employment law experts' at Emplaw Online

We are proud to have been awarded Online Company of the Month by Business & Industry Today for our 'passion and service to employment law'  - that says it all! This report explains a little more and includes a copy of the original article.