LRD guides and handbook February 2025

Case Law at Work 2025 21st Edition

Introduction

Introduction [page 1] (510 words)

This is the 21st edition of Case Law at Work, the LRD’s key source of information on recent employment law cases. It contains clear summaries of ...
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Chapter 1

1. Employment status and categories of worker [page 3] (342 words)

To qualify for basic employment rights including paid annual leave, rest breaks and the National Minimum Wage, an individual must be deemed to be a ...
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Employee, worker or self-employed? [page 3] (2,139 words)

Agency workers [page 7] (568 words)

Fixed-term (temporary) employees [page 8] (523 words)

Chapter 2

2. Starting work and the employment contract [page 11] (256 words)

A contract of employment is an agreement between the employer and employee and any changes to its terms must be agreed. An employer who seeks to vary ...
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Pre-employment checks [page 11] (609 words)

The employment contract [page 12] (1,013 words)

Chapter 3

3. Pay and conditions [page 15] (93 words)

An individual’s pay and conditions are contained in their contract of employment, but they are subject to some minimum statutory rights and ...
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The National Minimum Wage [page 15] (542 words)

Chapter 4

4. Trade unions and collective organisation [page 17] (58 words)

If an employer refuses to voluntarily recognise a trade union for collective bargaining, the union can go through the statutory recognition procedure ...
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Trade union recognition [page 17] (716 words)

Protection of union members from detriment [page 18] (892 words)

Chapter 5

5. Family leave [page 21] (589 words)

Working parents have a statutory right to take various types of parental leave. These include a right to take unpaid parental leave, which is ...
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Chapter 6

6. Discrimination [page 23] (79 words)

The Equality Act 2010 (EA 10) prohibits discrimination because of one or more of the following “protected characteristics”: age; disability; ...
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The protected characteristics [page 23] (3,863 words)

Types of discrimination [page 30] (13,849 words)

Bringing a discrimination claim [page 57] (4,392 words)

Chapter 7

7. Unfair dismissal [page 67] (133 words)

Legal protection from unfair dismissal is found in sections 94 to 98 of the Employment Rights Act 1996 (ERA 96). Under these provisions, dismissal is ...
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Reasons for dismissal [page 67] (1,098 words)

Reasonableness of dismissal [page 69] (1,589 words)

Constructive dismissal [page 72] (1,053 words)

Capability dismissal [page 74] (1,081 words)

Conduct dismissal [page 76] (567 words)

Chapter 8

8. Redundancy [page 79] (171 words)

An employee is dismissed by reason of redundancy if the definition contained in section 139 of the Employment Rights Act 1996 (ERA 96) is met, which ...
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Selection for redundancy [page 79] (425 words)

Fairness of redundancy process [page 80] (903 words)

Chapter 9

9. Transfers and service provision changes (TUPE) [page 83] (93 words)

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees if their employer changes hands. It applies when ...
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Relevant transfer [page 83] (1,029 words)

Chapter 10

10. Whistleblowing [page 87] (84 words)

The Public Interest Disclosure Act 1998 introduced provisions in a new Part IVA of the Employment Rights Act 1996 (ERA 96) to protect employees and ...
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Qualifying disclosures [page 87] (522 words)

Reason for treatment [page 88] (2,185 words)

Who is covered? [page 92] (2,287 words)

Compensation [page 97] (624 words)

Chapter 11

11. Bringing a tribunal claim [page 99] (103 words)

Most employment rights are enforced through employment tribunals or, in Northern Ireland, industrial tribunals or fair employment tribunals. ...
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Time limits [page 99] (2,793 words)

Settlement of claims [page 104] (1,159 words)

Tribunal orders [page 106] (1,449 words)