Author Archives: Darren Newman

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About Darren Newman

Employment law consultant, trainer, writer and anorak

Qualifying for Unfair Dismissal

The right not to be unfairly dismissed is absolutely central to UK employment law – and the question of who qualifies for that right is something of a political football. Put simply, how long should an employee have to work … Continue reading →

Posted in Uncategorized, Unfair Dismissal | Tagged , , , , | 2 Comments

The Strikes (Minimum Service Levels) Bill

This is bad lawmaking. The Government is granting itself sweeping powers while claiming that it only intends to use them for a limited purpose. This allows it to sidestep any debate about how the tension between the right to strike and impact that strikes have on public services should be navigated. Continue reading →

Posted in Industrial action, trade unions | Tagged , , , | 1 Comment

The problem with P&O – when ignoring employment law is ‘worth it’

I think most employment lawyers would have had the same reaction as me when they saw the news about P&O sacking 800 ferry workers without notice or consultation. First you see it as an outrageous breach of even the basic … Continue reading →

Posted in Compensation and Remedies, Redundancy Consultation, trade unions, Uncategorized | Tagged , , , | 3 Comments

End of the Road for Uber?

One of the things I like about the Supreme Court is its lack of grandeur. People often associate the English legal system with all manner of flummery – wigs, gowns, archaic language, soaring rhetoric  and elaborate ceremony. You get none … Continue reading →

Posted in Uncategorized | Tagged | 2 Comments

Is the Government about to rip up workers’ rights?

Last night the Financial Times reported that the Government is planning a post-Brexit overhaul of the labour market that would involve ‘ripping up’ workers’ rights ‘enshrined in EU law’. Specifically: The main areas of focus are on ending the 48-hour … Continue reading →

Posted in Uncategorized | 4 Comments

Early Retirement and the Exit Pay Cap

Well this might seem a bit niche. But if you’re in the public sector – especially local government – there is one major issue that you will be concerned with. That is the introduction of a £95,000 cap on public … Continue reading →

Posted in Uncategorized | Tagged , | 2 Comments

Should we ban ‘firing and re-hiring’?

Keir Starmer addresses the TUC today and – such is the nature of these events – we already know what he is ‘expected to say’. Starmer will condemn employers (recent examples include British Gas and British Airways) that have fired … Continue reading →

Posted in Uncategorized | Tagged , | 3 Comments

New Starters and the Coronavirus Job Retention Scheme

UPDATE: Wednesday 15 April 2020 In a major change to the Job Retention Scheme the Treasury has announced that the cut off date of 28 February has been moved to 19 March. The guidance now says this: Employees you can … Continue reading →

Posted in Coronavirus, Uncategorized | Tagged , , | Leave a comment

Sleepover shifts and the minimum wage

Next week the Supreme Court will hear argument in two cases involving care workers. At issue is whether a care worker who ‘sleeps over’ in the care home should be regarded as working for that whole shift so that each … Continue reading →

Posted in national minimum wage, Uncategorized, Wages | Tagged , , , , | 5 Comments

Forstater v CGD Europe – what the Tribunal actually found

Debating transgender issues can be really difficult. It is one of those areas where you cannot really articulate a position without using vocabulary that at least some people will find objectionable. Writing about it feels like treading through a minefield … Continue reading →

Posted in Equal pay, philosophical belief, Uncategorized | Tagged , , | 18 Comments