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Category Archives: Employment Law

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  2. Category "Employment Law"

Preparing for a new employment landscape in 2026: “Day One” Entitlements

Employment LawBy BurtonBandiniApril 7, 2026

Paternity Leave

As of Monday, 6 April 2026, the Employment Rights Act (ERA) 2025 will fundamentally transform the UK workplace by introducing several "Day One" entitlements. Now, paid

When is a “self-employed” contractor a de facto employee?

Employment LawBy BurtonBandiniMarch 18, 2026

The employment status of a former bricklayer was recently called into question in establishing liability for asbestos exposure. The widow of the late Mr. Eric Alger, who died from mesothelioma, sought

Why disregarding the minimum wage constitutes modern slavery

Employment LawBy BurtonBandiniMarch 3, 2026

The National Minimum Wage (NMW) Act 1998 remains contentious, especially after the introduction of the NMW (Amendment) Regulations 2025, as it draws the legal line in the sand between employment and

Intimidating claimants with costs orders may be at an end.

Employment LawBy BurtonBandiniFebruary 16, 2026

A claimant made allegations of unfair dismissal, discrimination, and detriment resulting from whistleblowing. While his claim against the Council was subsequently withdrawn early on, the claim against

Payments made into employee benefit trusts constitute taxable income

Employment LawBy BurtonBandiniFebruary 4, 2026

A Tribunal recently ruled that payments made for work into a third-party trust constitute immediate employment earnings. This decision effectively precludes employers from using loan-based structures

Take care when labelling a bonus as discretionary in a contract

Employment LawBy BurtonBandiniJanuary 22, 2026

The High Court recently ruled on the interpretation and enforceability of “discretionary” bonus provisions in employment contracts. Mr. Gagliardi brought a breach of employment contract claim against

Suing whistleblowers for a breach of confidence is not a viable strategy

Employment LawBy BurtonBandiniJanuary 7, 2026

The Court of Appeal has ruled that the initiation of legal or arbitral proceedings by an employer against a ‘whistleblower’ who has made a protected disclosure constitutes an actionable detriment

Employers may now be personally liable for unfair dismissal claims

Employment LawBy BurtonBandiniDecember 16, 2025

A recent ruling has increased the scope of statutory protection for whistleblowers to include covered detriments against co-workers under the Employment Rights Act 1996. A Mr. Rice was dismissed by

When disciplinary processes and non-compete clauses implode

Employment LawBy BurtonBandiniDecember 2, 2025

Many modern companies insist on the inclusion of restrictive covenants to limit the freedoms of employees upon the termination of their contracts. However, the High Court recently reinforced the

Early termination of probation can constitute wrongful dismissal

Employment LawBy BurtonBandiniNovember 19, 2025

The claimant began employment as a Contracts Coordinator on 23 January 2023, subject to a contractual 6-month probationary period, one which required 5 weeks’ notice for termination. The contract

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