March 2022 employment law newsletter out now!

Welcome to March's newsletter

In this edition of our employment law newsletter, our news section considers the impact of the lifting of the last Covid restrictions on employers; updated Acas guidance for bereavement and the Home Office's postponement of the digital right-to-work checks. 

Legal analysis is provided by our members:
- Alex Leonhardt looks at the limits of “firing and re-hiring”, with his analysis of USDAW & Ors v Tesco Stores Limited [2022] EWHC 201 (QB);
- Andrew MacPhail considers if a policy-based decision can be a one-off event or conduct extending over a period in Parr v MSR Partners LLP [2022] EWCA Civ 24;
- Grace Nicholls examines a claim of victimisation compromised by COT3 in Arvunescu v Quick Release (Automotive) Limited [2022] EAT 26;
- Mark Green analyses Kocur v Angard Staffing Solutions Ltd & anr : [2022] EWCA Civ 189, a case in which the CoA examined whether agency workers and employees have the same rights regarding recruitment;

- Katherine Anderson examines the EAT's confirmation that a claim cannot be brought for a quantum meruit under the unlawful deductions from wages jurisdiction, but an employee may have a good claim in the ordinary courts in Abellio East Midlands Ltd v Mr K Thomas [2022] EAT 20;
- Craig Ludlow looks at the present limitations on the ability of trade unions to call industrial action;
- Finally, Karen Moss reviews whether a worker can claim, on termination, payment for untaken holiday carried over from previous holiday years with her analysis of Smith v Pimlico Plumbers Ltd 2022 EWCA Civ 70.

The end of Covid restrictions and its likely impact on employers' duties to their employees

Following the removal of the last Covid restrictions - including the legal requirement for people with Covid to self-isolate - the British Medical Journal examines what employers should do and consider so that staff and customers—especially those who are clinically vulnerable—are not put at risk.

ACAS publishes new guidance for employers on bereavement leave and pay

Acas updates its useful good practice guide for employers on managing employee bereavement in the workplace, considering leave and pay.

Employers to have more time to prepare for digital right-to-work checks

The Home Office has deferred until 30 September 2022 the scrapping of temporary adjusted checks for employers to establish a candidate’s right to work in the UK.

Can a worker claim, on termination, payment for untaken holiday carried over from previous holiday years?

Karen Moss analyses the Court of Appeal's judgment in Smith v Pimlico Plumbers Ltd 2022 EWCA Civ 70 and explores its practical ramifications for employment lawyers.

The present limitations on the ability of trade unions to call industrial action

In this article, Craig Ludlow argues that the ability of trade unions to call industrial action in England is limited both by common law and statutory barriers to immunity in tort; and narrowed very considerably since the passing of
the Trade Union Act 2016 (‘TUA’).

EAT confirms a claim cannot be brought for a quantum meruit under the unlawful deductions from wages jurisdiction...

...but an employee may have a good claim in the ordinary courts. Katherine Anderson reviews Abellio East Midlands Ltd v Mr K Thomas [2022] EAT 20, a case in which an employee started a new role for their employer before details of the new salary had been agreed.

Recruitment, agency workers and statutory interpretation 

Mark Green analyses Kocur v Angard Staffing Solutions Ltd & anr : [2022] EWCA Civ 189, a case in which the Court of Appeal gave general guidance on statutory interpretation and examined whether agency workers and employees have the same rights regarding recruitment.

EAT confirms claim of victimisation compromised by COT3 

Grace Nicholls analyses Arvunescu v Quick Release (Automotive) Limited [2022] EAT 26, a useful reminder for respondents and those advising them to ensure wordings on COT3 are carefully drafted. The EAT's decision is based on facts which are not unique and might be a useful authority to have into one’s arsenal in defending claims at any early stage where there has previously been a COT3 drawn up and executed.

Is a policy-based decision a one-off event or conduct extending over a period?

Andrew MacPhail analyses Mr Parr v MSR Partners LLP [2022] EWCA Civ 24, a case in which the Court of Appeal provides useful guidance for any practitioner seeking to advise on the issue of limitation within the context of a rule/policy -based decision.

On the limits of “firing and re-hiring”

Alex Leonhardt analyses USDAW & Ors v Tesco Stores Limited [2022] EWHC 201 (QB), in which the High Court considered the restraints on the ability of employers to terminate with notice in order to impose new terms, in circumstances where there had been a prior commitment to keep a particular term.

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.