The latest update from the Employment Tribunal - March 2024.

The latest updates from the Employment Tribunal - February 2024

Dismissal and re-engagement, also known as ‘fire and rehire’, refers to when an employer fires an employee and then offers them a new contract with new – usually less favourable…

What do you need to be building right now, ahead of the new requirements taking effect in October 2024? Vicky and Tim explore how to build your dignity work ‘ecosystem’ of policy, reporting tools, investigations practice and training in the light of the new legislation.

We all know that coaching a witness for an Employment Tribunal is wrong, but can you train witnesses for the Employment Tribunal (ET)? What’s the difference between coaching and training, and where should employers draw the line?

An audience with an OH Physician: how can we get the best from a referral to occupational health, and a report that gives us the answers we need to take that next step in the process?

What does it mean when building a defence to sexual harassment?

The latest updates from the Employment Tribunal - January 2024.

The latest from the employment and employment appeal tribunal.

The latest news from the employment tribunal system.

The latest cases from the employment tribunal and what we can learn from them.

Pilkington UK Ltd v Jones has just made its way through the employment appeal tribunal and is an interesting case that highlights the importance of a solid investigation. Maeve Vickery,…

The latest updates on the new proposed positive duty to prevent sexual harassment.

Suzanne Pipe gives us an overview of new case law surrounding neurodiversity.

The latest cases from the Employment Tribunal, and what we can learn from them.

The recent Employment Appeal Tribunal case of Higgs v Farmor’s School provides a helpful guide on the nuances of the manifestation of having a religious or philosophical belief. Stephen Foster runs through what we can learn from this case in this short video.

The Fire Brigades Union has just won it's appeal to the Employment Appeal Tribunal. The case has a couple of really interesting points for employers in regards to the employment relationship, Suzanne and Stephen cover what we can learn in this short video. 

HR and D&I professionals play a vital role in supporting employee mental health, and creating a workplace where all employees feel supported and valued. So what are some of the mental health must-haves in your organisation? Our Head of HR, Diversity and Inclusion has put together our top five.

Our employment law specialists answer the top questions we're always asked about managing mental health in the workplace.

The latest updates from the employment tribunal.

The answers to some of the questions we are asked about managing mental health at work alongside a formal HR process.

Vento bands: What are they? What do they mean? And what are the factors that the employment tribunal will be taking into consideration when deciding an injury to feeling award?

The Employment (Allocation of Tips) Act 2023 has received royal assent, here's what you need to know.

Suzanne updates us on the latest information regarding Carer's leave and new acts.

The latest updates from the Employment Tribunal.

The latest cases from the employment tribunal, and what we can learn from them.

Here are our tips on how to give your employment contracts a regular health check.

The Vista team walk quickfire through the fundamentals of ensuring your Redundancy process is a fair one.

The latest updates from the employment tribunal.

The latest cases and learnings from the employment tribunal.

Here's a quick reference guide to how to calculate holiday entitlement.

An all in one guide to mediation in the workplace.

The latest cases and learnings from the employment tribunal.

Our team look at the case of University of Dundee v Chakraborty, which highlights the importance of getting investigations right first time.

We look at the latest cases emerging from the employment tribunal.

Our team review the case of Quinn v Sense Scotland.

Chris MacNaughton reviews the latest on the case of Kong v Gulf International Bank UK Ltd.

Stephanie Davies runs through the details of this interesting case and what we can learn from it in this short video.

Suzanne Pipe runs through the details of this interesting case and what we can learn from it in this short video.

We round up the latest cases from the employment tribunal.

Our guidance to the top FAQ's from HR teams regarding the 19th September 2022.

How can employees working in a hybrid or remote working environment be managed effectively? Here are some of our hallmarks of managing a remote workforce, and what to do if you need to take action. 

Things have been hotting up in the tribunal in July, here's our round up of the latest cases.

Danielle provides an update on the latest detail we have in relation to the change in legislation regarding Fit Notes. 

The latest from the employment tribunal this month.

The Government has introduced new Fit Note legislation from the 1st July 2022: here's the detail.

We’ve compiled a draft disciplinary outcome letter which may look suitable on the surface, but we’ve highlighted some suggested improvements to ensure that you get your disciplinary template letter match fit – every time.

A draft disciplinary outcome letter which may look suitable on the surface, but we’ve highlighted some suggested improvements to ensure that you get your disciplinary template letter match fit – every time.

What's the latest news from the employment tribunal this month?

We've just finished all our client employment law updates for Spring. As valued members of our resource hub community, we wanted to summarise some of the highlights. Thanks to Suzanne and Claire, Employment Lawyers in the Vista team, for putting together this quick-look video update for busy HR professionals!

Stephen Foster spends some time looking at where we are in the latest holiday pay saga. 

Large scale change or redundancy programmes can be logistical nightmares, with hundreds of settlement agreements to negotiate and a minefield of potential hiccups. We’ve been working to deliver a number of projects at scale recently, and have collected our top three tips to keep your programme running smoothly.

Lesley Bovington and Stephen Foster discuss the return to the workplace following the Covid-19 pandemic. What does this mean legally for Airbus, and what should we be thinking about doing in order to help our colleagues return? 

What's the latest news from the employment tribunal this month?

What's new from the tribunal this month? We cover the latest case law and learnings for HR in the March Update.

The news is rife with the announcement that P&O Ferries have sacked 800 workers without notice. Stephen takes a quick look at what's going on at the organisation and what employment law lessons we can learn.

Employers may need to request medical reports for an employee for plenty of reasons. But what if they refuse? Here’s 3 tips from our lawyers on how to progress a challenging situation.

In this guidance note we cover the key stages of responding and how to manage the request appropriately.

The latest update on this case is here. The practice of “fire and rehire” to vary the terms and conditions of an employee’s contract when they will not agree the…

There's plenty happening in the tribunals this month, as well as a brand new look and feel to our updates. We're bringing you new case law on Worker Status, Discrimination and Extensions of Time, alongside the latest on the well publicised 'cake case' and the new Women & Equalities Committee inquiry into Menopause.

An employment tribunal has found that a fear of catching Covid-19 is not a protected belief under the Equality Act 2010 (EA). Section 10 of the EA says that a…

An employee has the right to make a flexible working request after the completion of 26 weeks continuous service. The legislation requires an employer to deal with any request within…

Welcome to this month’s employment law update. In November we’re covering: The controversial Kostal UK v Dunkley case – the Supreme Court has had the final say. We look at what…

Welcome to this month’s employment law update. In September we’re covering: A direct discrimination case where Muslim employees were banned from wearing headscarves in the workplace Secretary of State for…

Section 13(1) of the Equality Act 2010 defines discrimination as occurring where “because of a protected characteristic, A treats B less favourably than A treats or would treat others”. In…

The hallmarks of a fair performance management process are: Setting the standards of reasonable and acceptable performance for each job; Ensuring that these standards of performance are clearly communicated to…

Welcome to July’s employment law update where we cover the latest news from the employment tribunal. This month we’re covering: Strike action in a case that reminds us why employers…

The dark side of football showed its ugly face once again after Sunday’s Euro Final, as within minutes of the final whistle a minority angry fans took to Twitter to…

Welcome to this month’s employment law update. In June we’re taking a look at: A health and safety dismissal case that reminds us that those with responsibility for health and…

This week marks the first ‘working week’ where managers and HR teams will be managing employees during Euro 2020. Games are scheduled throughout the day and some fans may find…

Welcome to this month’s employment law update. With lockdown restrictions easing, May has seen plenty of action, hasn’t it? The tribunal has kept us busy this month too, with everything…

Welcome to this months employment law update. We’re starting with a note for the wary (particularly those involved in collective changes): recent legal twists are catching out even the most experienced…

Welcome to this months employment law update. We’re talking all things Uber, managing difficult conversations about returning to work post-pandemic and we look at some interesting cases from the tribunal…

Welcome to this months employment law update. We’ve got plenty of interesting tribunal cases for you to get your teeth into, including: ✈️ Indirect discrimination in Cummings v British Airways…

Welcome to the first update of 2021! We’re kicking off the year with a selection of interesting cases from the Tribunal, including: Indirect discrimination in Heskett v Secretary of State for…

As we head into the third official lockdown in the UK, our clients are asking us how best to help their employees navigate the challenges that these restrictions bring to…

The new immigration rules will apply after 11.00pm on 31 December 2020. EEA nationals living in the UK at that time will have until 30 June 2021 to apply for…

Our annual employment law update for 2020 gives you a roundup of what’s happening in the world of employment law, including new legislation, case law updates and what’s on the…

Hello and welcome to our latest employment law update. We had a short break in August, so this month we have packed in tribunal cases, guidance documents and resources to…

We’re entering a period of change for many businesses following the Covid-19 pandemic. Here’s our guide for employers who are looking to make a change to terms and conditions of…

Hello and welcome to this months employment law update. Today, we are pleased to announce the launch of our Redundancy Resource Hub for employers and HR professionals. In other news,…

Welcome to this months employment law update. This one is sure to help you over the coming weeks and months as we start to get back on track with the…

Most of us have been distracted by Covid-19 since March and could therefore be forgiven for missing a potentially very disruptive transfer ruling from the European Court of Justice. Where…

For information on the implications of this decision, please click here. 1. The UK courts have rejected the concept that employees can be transferred to more than one employer where…

Welcome to the latest edition of our employment law update. This month, we’re looking at the light at the end of the Covid-19 tunnel! How to Bring Furlough Leave to…

Welcome to the April edition of Vista’s employment law update. This month we are continuing to bring you up to the minute guidance on the Coronavirus pandemic, and what it…

In this months employment law update we have a whole host of cases which focus on workplace investigations. For advice on Coronavirus (COVID-19) please click here. We’ve looked at the…

The case of Uddin v London Borough of Ealing serves as a good reminder of the responsibilities of an investigator. Vicky and Luke discuss the case.

It’s an 84 page document, but we have summarised the most important points for you in this short video.

Happy new year and welcome to the first employment law update of 2020. By now, most people will have returned to work. Many will have come back with the hope…

Royal Mail v Jhuti presents an interesting case on a topic that we have seen in two or three cases recently – Whistleblowing.

Claire Rosney discusses the learning points for the Airbus team from the recent case of City of London Police v Geldart.

Stephen Foster talks us through a recent case from the ECJ concerning holiday pay and carry over.

Tim Cross talks us through this TUPE case which could put a cat amongst the pigeons.

It’s Christmas party day at the office. Christmas jumper day – done. Christmas quiz – won. Christmas lunch – devoured. Spirits are high as your colleagues leave to get ready…

The Manchester Derby match this weekend sadly hit the headlines due to racist chanting and gesturing aimed towards players. The actions were captured on TV footage and the images went…

Historically, flexible working requests have been associated with working mums. Fast forward a few years and the benefit is now seen as an important part of the employment package by…

With the general election looming, we’ve spent some time pulling together the statements from each of the main parties’ manifestos relating to employment rights and labour relations. We have included…

It seems like just yesterday we were kicking off 2019 and wondering what the year would hold. Now we are at the final employment law update of 2019 and it…

ACAS have released some new guidance on Menopause in the Workplace. Tim Cross talks us through the guidance and why it’s so important to raise awareness of the condition in this short video.

Stephen Foster looks at the recent case of Harrison v Aryman – and in particular reminds us of the limits to protected conversations.

The case of Base Childrenswear v Otshudi recently went to the Court of Appeal. Claire Rosney talks us through the decisions from the Tribunal, and what we can learn from them.

The recent tribunal case of Conisbee v Crossley Farms looked at whether Vegetarianism should be viewed at as a philosophical belief under The Equality Act. We know already that The…

The nights are now drawing in and it’s definitely starting to feel like winter. Don’t worry if you don’t feel like going out into the cold, we’re bringing all the…

Abi Alemoru focusses on the case of Raj v Capita Business Services and whether a massage from a manager was sexual harassment or not.

Claire Rosney discusses whether vegetarianism and veganism is protected under The Equality Act following the case of Conisbee v Crossley Farms.

Often employees think that by getting themselves signed off sick they can avoid disciplinary proceedings. As HR professionals, we know that this is not necessarily the case. Here’s our top…

Do you have an employee off sick pending an investigation? Often employees think that by getting themselves signed off sick they can avoid disciplinary proceedings. As HR professionals, we know…

Probationary periods and sickness absence are not two ingredients that make for a smooth employment relationship. Whether employers can dismiss during probation due to sickness is a question that arises…

Probationary periods and sickness absence are not two ingredients that make for a smooth employment relationship. Whether employers can dismiss during probation due to sickness is a question that arises…

When an employee is off sick or unable to carry out their current duties, and they are disabled within the definition of The Equality Act, then employers are obliged to…

Senior Employment Lawyer at Vista, Claire Rosney answers a frequently asked question from Vista HQ: Do employers have to offer an alternative role to a disabled employee, or can they…

We’re often asked about phased returns to work, and what this means for employees’ pay packets. Suzanne Pipe, Employment Lawyer at Vista gives us a run-through of whether employers need…

Do you have to pay an employee on a phased return full pay? Suzanne Pipe discusses in this short video.

Managing an ill health situation where an employee says they are too ill to talk, or attend meetings requires a careful and considered approach from managers and HR teams. Suzanne…

Managing sickness absence where an employee says they are too ill to talk, or attend meetings requires a careful and considered approach from managers and HR teams. Suzanne Pipe, one…

Welcome to the first employment law update for the Autumn season! It’s hard to believe that the Summer is over already. We hope that you are feeling refreshed and ready…

Can an agency worker use the AWR to insist on the same hours as a permanent employee? The Court of Appeal has looked at this issue in the case of Kocur v Royal Mail. Claire Rosney covers the case in this short video.

This is a very interesting case covering covert recordings. Chris MacNaughton talks us through the key aspects of Phoenix House v Stockman.

During the grievance procedure we sometimes come across employees who are particularly determined. They continually raise the same issue, even after you thought you had dealt with it informally. Understandably…

Welcome to our July employment law update, where we look at the latest interesting cases from the employment tribunal. The holiday season is upon us, just in time for the…

In the case of Heskett v Secretary of State for Justice, employees were hot under the collar when a change to probation officers’ pay-scales meant that younger workers took longer to get to the top of the scale and were paid less than their older colleagues. Here’s the full case and the learnings we can take from it, with Claire Rosney.

Anyone who has experienced bereavement knows how difficult it can be, and how important support from family, friends and your employer can be. Most employers provide some form of leave…

Claire Rosney looks at the case of Baldeh v Churches Housing Association, where Ms Baldeh was dismissed over concerns about her performance and behaviour. At her appeal hearing she said that her behaviour was caused by depression. When she was dismissed, she brought a claim of discrimination arising from disability.

Article 5 of the GDPR states that personal data shall be kept no longer than is necessary for the purposes for which it is being processed. Understandably many HR teams…

Karnis and Tim discuss three GDPR tasks that need to be top of HR’s agenda before 25th May 2018.

On the horizon of World Cup season, rather than focussing on the football we look at how HR professionals can manage their football fans during the tournament.

The case of Hextall vs Chief Constable of Leicestershire Police has raised serious questions around enhanced maternity pay, and shared parental pay. In this video Darren asks Karnis all there…

Employment tribunal claims have risen by 90% since the abolition of employment tribunal fees in July 2017. The rise has led to a new ‘frequently asked question’ here at Vista;…

Tim Cross, Vista’s Director of Employment and Legal Affairs talks us through when Section 188 applies.

Let’s face it, no employer wants to lose an employment tribunal. Abi Alemoru, Director of Litigation at Vista spends 2 minutes taking employers through the key ways to get a…

Abi, our Director of Litigation answers your top questions about the employment tribunal.

As a transferor in a TUPE situation, it might be unclear what your obligations are. Tim answers a couple of key questions on this topic.

If you find yourself in the role of transferee in a TUPE situation, it’s time to think commercially about the new relationship(s) you are inheriting. Tim, Director of Employment and…

Try not to be fooled by your colleagues (even if its all of them!) saying that TUPE doesn’t apply for this new contract. We’ve seen plenty of situations where everyone…

So, you’re thinking about suspending an employee. Before you send them off on a paid holiday, it’s important to ensure suspension is the right way to go. Suzanne Pipe, Employment…

In Hextall vs Chief Constable of Leicestershire Police the Claimant tried and failed to extend the definition of sex discrimination to establish a right to enhanced shared parental pay. Despite convincing the Employment Appeal Tribunal that there was potential for an indirect discrimination claim when employers enhance maternity pay but not shared parental pay, Mr Hextall was unable to persuade the Court of Appeal. Suzanne reviews the case and what it means for Airbus in this video.

Vista’s employment lawyers provide redundancy advice to our clients regularly, so, we spent an afternoon on the sofa with Tim Cross, Vista’s Director of Employment and Legal Affairs, and asked…

Welcome to this months employment law update. May has been a busy month with Mental Health Awareness Week, Learning at Work Week and Women’s Health Week – there’s been lots…

The case of ICTS v Visram deals with the tricky issue of a medical capability dismissal in a case where the employee has a contractual entitlement to permanent health insurance. View the full case in the May edition of InView for Airbus.

When can an employer be vicariously liable for the acts of employees? In Shelbourne v Cancer Research UK the High Court held that the employer was not liable when one employee injured another on the dance floor. Abi Alemoru explains what implications this case may have for the Airbus team.

Access to the resources and recordings of your employment law masterclasses.

The case of CCOO v Deutsche Bank was featured in March’s edition of InView for Airbus, and looked at whether organisations were required to keep records of daily working time. At the time we had an opinion from the Advocate General, however we have an update from The European Court of Justice. Claire talks us through it here. An interesting opinion from the advocate General on working time records in the case of CCOO v Deutsche Bank.

So, you’re thinking about suspending an employee. Before you send them off on a paid holiday, it’s important to ensure suspension is the right way to go. It’s a big…

Spring is officially in bloom, and we’re bringing you a few cases that haven’t quite been a walk in the park. This month the cases focus on making fresh connections;…

Suzanne takes us through the well publicised case of Agoreyo v London Borough of Lambeth where the Court of Appeal looked at the decision to suspend a teacher and whether it resulted in the employee being constructively dismissed.

Claire discusses the case of Beattie v Conderrat where the connection between a final written warning and a subsequent dismissal was examined. She talks us through what the Airbus team can take from the case.

This month we have a selection of employment tribunal cases which focus on the reasons that sit behind employers’ decisions, because when it comes to employment law, it is often…

The case of Spaceman v ISS Mediclean also looked at the employer’s reasoning in relation to a dismissal. In this case it was a short service dismissal, where the reason can be key as it will determine what if any claims the employee has the right to bring. Mr Spaceman claimed that he had been dismissed because he had asserted a statutory right (an automatically unfair reason for dismissal). However, the EAT did not agree and his claim failed on the grounds he had complained to his employer about something he believed they were going to do rather than something they had done. This could not amount to a breach of a statutory right as it had not yet happened.

Here’s the fifth and final scenario in our Managing Tricky Dismissals series: five short blogs where we look at complex dismissal issues and how to approach them. “What happens when…

Here’s the fourth in our Managing Tricky Dismissals series: five short blogs where we look at complex dismissal issues and how to approach them. “What happens when, during a formal…

Here’s the third in our Managing Tricky Dismissals series: five short blogs where we look at complex dismissal issues and how to approach them. Scenario three: “An employee has gone…

Here’s the second in our Managing Tricky Dismissals series: five short blogs where we look at complex dismissal issues and how to approach them. Here’s scenario two: ‘An employee’s performance…

Welcome to the first in our Managing Tricky Dismissals series: five short blogs where we look at complex dismissal issues and how to approach them. As employment tribunal claims continue…

The world of TUPE transfers is complex in language and in process. As employment lawyers and training professionals, we mainly get asked three questions about the TUPE process: what are…

Welcome to this month’s employment tribunal round-up, which may challenge some of what you thought you knew. We have some cases that query supposedly settled legal principles as well as…

In Ibrahim v HCA, the employer challenged a whistleblowing claim on the grounds that the disclosure did not meet the public interest test and the EAT agreed that the employee had not fulfilled that aspect of the test. Although, it is worth remembering that seemingly ‘personal’ disclosures have been held to be in the public interest so employers should proceed with caution when considering disclosures that could be protected.

This time in 2018 many organisations were wrestling with identifying the right data, the calculations and the narrative for their first gender pay report. Most of the focus was on…

The law of disability discrimination is regularly challenged. In Lamb v The Garrard Academy, the Employment Appeal Tribunal looked at when constructive knowledge of a disability will arise in practice. The employer in this case had not had confirmation that the employee’s condition would amount to a disability. However, the EAT held that the employer was in possession of facts which should have led them to ask more questions. Had they referred Ms Lamb to OH, it would have been confirmed that her condition was a disability. As a result, the employer was deemed to have constructive knowledge. This case demonstrates that failure to ask obvious questions and/or seek medical advice will not enable an employer to plead ignorance or avoid obligations in relation to disabled employees.

Welcome to the first Employment Tribunal update of 2019! A new year inevitably brings promises of fresh starts and ambitious resolutions. If your plan for 2019 involves keeping up to…

Can an employer dismiss an employee for capability reasons when they are contractually entitled to long term disability benefits? No, not fairly, the Employment Appeal Tribunal has said in Awan v ICTS.

Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal recently. Ball v First Essex Buses looked at the range of reasonable responses test in conduct dismissals and shows how an employer can come unstuck even in seemingly clear-cut cases.

It’s getting cold outside! Put the kettle on and take some time to get stuck in to Novembers employment tribunal update. This month, we cover a host of cases which…

The employment tribunals have been dishing out a myriad of tricks and treats for employers during this Halloween season. Here’s our round up of what’s been going on in the…

Bullying and harassment, if you don’t hear these terms in the press on a regular basis, we’re pretty sure you will hear them around the office. In the world of…

What a scorching summer it’s been! We hope everyone has enjoyed the weather and some well-deserved time off over the holiday season. It’s not been so rosy for the employment…

Settlement agreements are useful tools to settle disputes quickly and bring a welcome finality to an often-uncomfortable situation for HR teams. Settlement agreement negotiations can be complicated, and when organisations…

There are plenty of reasons why an employer might find themselves considering an employment settlement agreement with an employee. Settlement agreements are a useful tool in solving a dispute quickly,…

Redundancy can be a head-scratcher; the process throws out many burning questions for HR teams whilst they are managing a period of business change. Vista’s employment lawyers provide redundancy advice…

Do you have to enhance shared parental pay? That’s the question on the lips of every HR professional across the country following the case of Hextall vs Chief Constable of…

The HR investigation process can appear tricky and complex for employers. We could write plenty about deciding what action needs to be taken when an issue comes to HR’s attention…

We’ve put together a short, no-nonsense video guide to the Gender Pay Gap reporting rules. It’s fun, and free! Please watch, tweet, embed and share with your employees to your…

Many employers will be busy preparing for the changes in General Data Protection Regulation (‘GDPR’), which come into effect in May 2018. But what does GDPR mean for HR? Every…