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Drafting checklist for claim or response—unfair dismissal: redundancy

Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...

Redundancy—individual consultation checklist for employers

Redundancy—individual consultation checklist for employers This Checklist outlines steps to be taken in individual redundancy consultation, whether or not consultation has also taken place at a collective level. It sets out practical considerations involved in planning a redundancy process and covers what should be discussed at open meetings with affected employees, what should be included in letters to affected employees, what should be discussed at individual consultation meetings, what should be included in the notice of dismissal and information to be given about the right of appeal. For further guidance on individual redundancy consultation obligations generally, see Practice Notes: Redundancy—fair procedure: individual consultation and How to carry out individual redundancy consultation. This Checklist assumes that the employer has determined whether collective consultation is required (see Checklist: Redundancy—collective consultation checklist for employers—Identify redundancy situation). This Checklist is to be used: • where there is an obligation to consult collectively as, even where that obligation is fulfilled, the employer must still consult individually with the employees • where there is no obligation...

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Industrial action that has statutory immunity—flowchart

Industrial action that has statutory immunity—flowchart FORTHCOMING CHANGE: The legal framework for giving protected status to industrial action and picketing is to be amended under clauses 54 to 61 of the Employment Rights Bill, introduced on 10 October 2024 (see Practice Note: The right to take industrial action—Employment Rights Bill). Clause 118 of the Bill confirms that many of the proposed changes will come into force two months after the Employment Rights Act 2025 is passed. The Strikes (Minimum Service Levels) Act 2023 will be repealed on the day on which the Act is passed. For further information on the Employment Rights Bill, generally, see Employment News Analysis: The Employment Rights Bill, and Employment Rights Bill 2024-views from the sector, LNB News 10/10/2024 85. To track the progress of the Bill through Parliament, see Practice Note: Employment Rights Bill—tracker. The government also launched a public consultation on creating a modern framework for industrial relations. The consultation seeks views on several specific...

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Employment rights and trade unions

This Practice Note considers the employment rights that arise as a result of union membership.An employee or prospective employee has a number of rights relating to their employment that arise as a result of their union membership status. These rights arise:•whether they are a current member of a trade union (union member) or wish to become one•even if they not a union member, and do not wish to become oneThese rights effectively seek to prevent employers from operating what is often referred to as a ‘closed shop’:•an individual has the right not to be refused employment because they are, or are not, a union member (see Right not to be refused employment below)•a worker has the right not to be subjected to any detriment by their employer for the purpose of preventing or deterring them from becoming, or from ceasing to be, a union member (see Practice Note: Right not to be subjected to detriment below)•an employee has the right not to be dismissed because they are, or are not,...

Union status and capacity

This Practice Note considers the statutory definition of a trade union under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) as well as a union’s capacity to be party to a contract, a party in a civil action and a defendant in a criminal prosecution. It also examines a trade union’s ability to hold property in trust and how to enforce a judgment against a union.Both workers and employers may form groupings that could generally be described as ‘unions’. In the case of employers these are usually called employers' associations. Workers also form groupings for the support and advancement of their members’ interests, which are usually called trade unions. However, membership of a trade union is often of much greater significance to a worker than membership of an employers’ association is to their employer. For example, membership of a trade union typically gives workers bargaining power with their employers that they would otherwise not have.The law relating to trade unions is largely governed by extensive statutory provisions,...

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Ireland—data protection impact assessment—artificial intelligence

Ireland—data protection impact assessment—artificial intelligence DPIA screening questionnaire The screening questionnaire should be a concise document and not overly burdensome on the business. However, it needs to provide sufficient information to the DPO/Privacy POC to decide if a DPIA needs to be completed. Like the DPIA itself, the screening questionnaire will be drafted by a multidisciplinary team within the business. All completed screening questionnaires should be approved, time stamped and retained by the DPO/Privacy POC. Where a DPIA is required, it should be kept with the screening questionnaire to avoid duplication. The DPIA template is a continuation of the screening questionnaire. While the screening questionnaire and the DPIA detail AI use in accordance with EU GDPR requirements, companies deploying AI systems also need to factor in their obligations under additional relevant legislation, such as the requirement to carry out a fundamental rights impact assessment (FRIA) under the EU AI Act. While outside the scope of this document, information gathered as part of the screening questionnaire / DPIA exercise will be...

Data privacy—code of ethics

Data privacy—code of ethics We are committed to protecting the privacy and security of personal data relating to our employees, customers, suppliers and business partners, and to complying with all laws that regulate how we handle such information. Failure to do so may impact our reputation and could result in severe civil penalties being imposed on the organisation and our staff. What is personal data? Personal data is any information relating to an identified or identifiable individual, eg: • full name (first and last names together) • ID number (eg passport or driving licence number) • phone number, postal address or email address • photograph • employee or National Insurance number • IP address, or • CCTV images of individuals Special category personal data is data that is considered to be particularly sensitive, specifically: • personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership • genetic data • biometric data (where used for identification purposes), or • data concerning health, sex life...

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Does an employer have to pay the cost of training (ie course fees) that they instruct the employee to attend? In the case of an employee who is paid by the hour, if the training is general health and safety training (rather than training for health and safety or trade union representatives), does the employer have to pay the employee for the hours they spend training?

Does an employer have to pay the cost of training (ie course fees) that they instruct the employee to attend? In the case of an employee who is paid by the hour, if the training is general health and safety training (rather than training for health and safety or trade union representatives), does the employer have to pay the employee for the hours they spend training? Cost of training Employees have the statutory right to time off for training in a number of circumstances. See for example Practice Notes: • Rights relating to activities involving unions • Health and safety—employer consultation and employee representatives • Right to request study or training In other circumstances, the question of whether an employer has to pay the cost of training they instruct the employee to go on is likely be a matter of contract. If the employment contract is silent on the question, and the matter is not otherwise agreed, the question of whether the cost of training is paid by the...

Where the employer has sought to vary the terms of employment by reducing the employee’s entitlement to contractual redundancy pay, but the employee did not agree to the change, do the old contractual redundancy terms or the new terms apply?

Where the employer has sought to vary the terms of employment by reducing the employee’s entitlement to contractual redundancy pay, but the employee did not agree to the change, do the old contractual redundancy terms or the new terms apply? For information on contractual redundancy payments generally, see Practice Note: Contractual redundancy payments. A contract can be made up of all or any of: • express terms • implied terms • imposed terms • incorporated terms For further information, see Practice Note: Types of contractual term in employment. For information on the legal and practical considerations that arise in relation to a change (or purported change) to an employee's terms and conditions of employment, see Practice Note: Changing terms and conditions of employment. An employment contract may, like any other contract, be amended at any time either: • in accordance with the terms of the contract itself • with the agreement of all the parties to the contract The first step is to ascertain the terms of the contract of...

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Employment weekly highlights—29 May 2025

This edition of Employment weekly highlights includes: (1) publication by the Business and Trade Committee of the government response to the BTC’s third report on the Employment Rights Bill, (2) a Scottish Employment Tribunal decision finding that exam invigilators for the Scottish Qualifications Authority (SQA) have worker status, (3) the European Council’s adoption of its position on a proposed EU Regulation to establish a single digital declaration portal for posted workers, (4) HMRC company cars advisory fuel rates taking effect from 1 June 2025, (5) the Industrial Relations Law Reports (IRLR) June 2025, (6) dates for your diary, and (7) other news items of interest to employment practitioners.

BTC publish government response to its Third Report on Employment Rights Bill

The Business and Trade Committee (BTC) has published, by way of First Special Report of Session 2024-25 (HC 932), the government response to the BTC’s Third Report on the Employment Rights Bill (ERB), together with a letter from Minister Justin Madders MP, Minister for Employment Rights, Competition and Markets.