Employment and discrimination law - January newsletter out now

Welcome to January's newsletter

We wish you and yours all the best for better times in 2021. In this edition we bring you the news of a forthcoming new Silk appointment in our team, the latest employment news as well as our articles.

We have a podcast recording on PI claims arising out of discrimination claims as well as an employment law update in video and podcast form.

Finally, we invite you to register for our first live employment law webinar of 2021, due to take place on 18 February.

Mathew Gullick appointed to the rank of Queen’s Counsel

We are delighted to announce that the Queen has announced her intention to approve the appointment of Mathew Gullick (Call 2003) as Queen’s Counsel. Many congratulations to Mathew who will formally take Silk from March 2021.

A specialist in employment and public law, Mathew is a member of the
Attorney-General's A Panel of Junior Counsel to the Crown in civil matters and has appeared in more than 30 substantive appeals in the Court of Appeal and the UK Supreme Court, the majority of them as sole or lead advocate.

Restrictive covenants: a new consultation for 2021

The Department for Business, Energy and Industrial Strategy have launched a new consultation on measures to reform post-termination non-compete clauses in contracts of employment, with a closing date of 26 February 2021. The consultation outlines 2 proposals, the first being “mandatory compensation” and the second being “banning of non-compete clauses” altogether. Both options outline a number of questions for employers.

Changes to family leave pay and sick pay for 2021​

With the new year well and truly underway, changes to the family leave rates for pay in circumstances such as maternity, paternity and parental bereavement pay will be increasing from April 2021 to £151.97 per week (up from £151.20). Statutory sick pay is also on the increase, rising from £95.85 to £96.35 per week.

Covid-19 and employment law - latest news

We invite you to view the latest guidance on the extended furlough scheme and an update on Tribunals from the Presidents of the Employment Tribunals in England and Wales and Scotland following the announcement of the third national lockdown.

Brexit and employment law​

On 24 December 2020 the UK and the EU reached three agreements setting out the future relationship between the parties. The agreement key to UK employment practitioners is the trade and co-operation agreement. The definitive texts published on 31 December 2020 are subject to final revisions and will be handed down in late April 2021. The agreements have applied on an interim basis from 11.01pm (UK time) on 31 December 2020.

On interim relief and incompatibility

Naomi Webber analyses Steer v Stormsure Ltd UKEAT/0216/20/AT, a case which could well add another tool in the armoury for claimants bringing in claims for discriminatory dismissals.

View Naomi's profile here

The interpretation of Regulation 13(1) AWR 2010

Faizul Azman reviews Angard Staffing Solutions Limited and anor v Kocur and anor on the nterpretation of regulation 13(1) of the Agency Workers Regulations 2010 – the right to be informed of a relevant vacant post with the hirer, and to give that agency worker the same opportunity as a comparable worker to find permanent employment with the hirer.

View Faizul's profile here

A lesson in restrictive covenants   

Karen Moss examines Quilter Private Client Advisers v Falconer and Continuum (Financial Services) LLP [2020] EWHC 3294 (QB), a case regarding the enforceability of restrictive covenants, including the public interest element and interesting findings about affirmation in a constructive wrongful dismissal claim.

View Karen's profile here

December's employment case law update 

Craig Ludlow and Katherine Anderson bring you our December employment law update in video and podcast format.

View Craig's profile here

View Katherine's profile here

Podcast out now on "PI claims arising out of discrimination"

Sarah Clarke and Grace
Nicholls provide an overview of personal injury claims arising out of discrimination. This podcast includes:
• the legal test applicable
• interaction with other forms of non-pecuniary loss
• practical considerations/valuation; and
• the Employment Tribunal v the County Court.

18 February employment law webinar

Our next live webinar will take place on 18 February at 11am.

Please register to book your place.

Meet the team

3PB’s employment law group offers expert advisory and advocacy services to private and public sector employers across all areas of employment law including unfair dismissal, discrimination, equal pay, industrial disputes, executive contracts, wrongful dismissals, restrictive covenants, whistleblowing, TUPE, injunctions, pensions disputes and disciplinary proceedings.