Employment Law Newsletter – Winter 2024

8th February 2024

As can be seen from our recent Looking ahead to 2024 briefing there is no let-up in the pace of employment law developments. Take a moment to consider our Winter newsletter, where we provide an update on some recent case law developments on a wide range of issues including flexible working, constructive dismissal and settlement agreements as well as the Government’s surprise announcement about the possible re-introduction of Employment Tribunal fees.


Below is a complete list of our articles covering topics important to you.

Request for full-time homeworking rejected by employer

The Employment Tribunal held that an employer had given detailed consideration to a request for full-time homeworking and its decision to reject the request was not based on incorrect facts.

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Will Employment Tribunal fees be re-introduced?

The Government is consulting on whether or not to introduce an issue fee of £55 for bringing an Employment Tribunal claim and a £55 fee payable on lodging an appeal in the EAT.

Read more

Future claims can be settled by a settlement agreement

The Court of Session recently held that unknown future claims can be settled by a settlement agreement provided it clearly identifies the types of claims being settled and that this was the parties’ intention.

Read more 

Discrimination claim against Regulator upheld

A Regulator’s investigation about posts on a private Facebook page lacked rigour and that clear standards, supplemented by good guidance are an essential starting point.

Read more

In the heat of the moment resignations

Employers need to treat such resignations carefully and should give the employee some time to “cool off” to reflect and decide whether or not they actually intended to resign.

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Constructive dismissal and affirmation

The Employment Tribunal erred when deciding that the employee had affirmed the contract and should have considered the employee’s conduct during the relevant period rather than the time it took to resign.   

Read more

Closing the ethnicity pay gap

The Government guidance on ethnicity pay reporting is complex and although reporting is voluntary, many employers are already collating the relevant data and developing an action plan.

Read more

Important to support employees’ financial wellbeing

There is a clear link between financial worries and poor mental health and employers should develop a financial wellbeing policy and signpost their employees to the extensive advisory services available.

Read more

Team news

We will have a new lawyer joining the team shortly. Ben Wilson is currently a trainee solicitor at the firm and on qualifying, will be joining our team on 1 March 2024. Many congratulations Ben.


As you may have seen, we will be holding our first Employment webinar of 2024 on 19 March 2024 on the recent and upcoming changes to holiday entitlement and pay. Employment partner, Matthew Smith and Simon Cheetham KC of Old Square Chambers, will be presenting the webinar. We are delighted that Simon is joining us. He has been recognised as a leading practitioner in employment law by various legal directories for many years.

For more details of the webinar and how to register, please see our invitation.

We do hope you can join us at the webinar.

I hope you will find all the articles above informative and helpful, and if you would like any further information please do not hesitate to get in touch with your usual Blake Morgan contact.

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6 February -
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