April 2022 employment law newsletter out now!

Welcome to April's employment law newsletter

In the April edition of our employment law newsletter, we welcome Craig Ludlow's appointment to the Editorial Board of the Employment Lawyers Assocation (UK) Briefing magazine; report on the Fifth Addendum to the ET Presidential Guidance on awards for injury to feelings and psychiatric injury and other statutory increases to compensation from 6 April; and consider the ET's roadmap for how Employment Tribunal hearings will be conducted over 2022 to 2023.

Legal analysis is provided by our members:

- Colin McDevitt considers Mr Frewer v Google UK Limited and Others [2022] EAT 34 and the EAT's guidance on the anonymisation of persons named in proceedings and on the redaction of documents;

- Naomi Webber analyses the Court of Appeal's judgment in Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229, a case concerned with worker status, ‘services agreements’ and the need for an ‘irreducible minimum of obligations’;
- Finally, Joanna Laxton examines the enforceability of restrictive covenants in Law by Design v Saira Ali [2022] EWHC 426 (QB).

Craig Ludlow appointed to the Editorial Board of the ELA (UK) Briefing magazine

Congratulations to Craig Ludlow, Head of 3PB’s Employment & Discrimination Law team, for his appointment to the Editorial Board of the Employment Lawyers Association (UK) Briefing magazine.

The Employment Lawyers  Association is an apolitical organisation representing the views and interests of just over 6,000 specialist, qualified employment lawyers in the UK.

New Vento bands come into force from 6 April

The Presidents of the Employment Tribunals (England, Wales and Scotland) have issued Presidential Guidance dated 28 March 2022 in relation to injury to feelings.

For claims presented on or after 6 April 2022, the bands will be as follows:
- lower band: £990 to £9,900 (for less serious cases)
- middle band: £9,900 to £29,600 (for cases that do not merit an award in the upper band)
- upper band: £29,600 to £49,300 (for the most serious cases)
- awards for the most exceptional cases may exceed £49,300.

The Employment Rights (Increase of Limits) Order 2022

From 6 April, the basic award/redundancy payment of a week’s pay will be capped at £571 (from £544) and the maximum compensatory award for unfair dismissal will be £93,878 (from £89,493).

A roadmap for how Employment Tribunal hearings will be conducted over 2022 to 2023

The Presidents of the Employment Tribunals (England, Wales and Scotland) have issued a Road Map for how hearings will be conducted over 2022 to 2023. The Road Map is essential reading for all employment practitioners.

On the anonymisation of persons named in proceedings and on the redaction of documents

Colin McDevitt summarises the Employment Appeals Tribunal's guidance on the anonymisation of persons named in proceedings and on the redaction of
documents in Mr Frewer v Google UK Limited and Others [2022] EAT 34.

Worker status, ‘services agreements’ and the need for an ‘irreducible minimum of obligations’

Naomi Webber analyses the Court of Appeal's judgment in Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229, which provides a useful clarification when assessing the worker status of an individual who provides work under an overarching or other service level agreement, and confirms that the concept of a ‘limb (b) worker’ is broader than may have previously been thought.

The enforceability of restrictive covenants

Employment pupil barrister Joanna Laxton analyses the case of Law by Design v Saira Ali [2022] EWHC 426 (QB), in which the claimant was successful seeking to restrain the defendant from breaching the terms of her restrictive covenants. The article provides a useful reminder of the principles that apply when determining the enforceability of restrictive covenants.

Meet the team

3PB’s employment law group offers expert advisory and advocacy services to private and public sector employers across all areas of employment law including unfair dismissal, discrimination, equal pay, industrial disputes, executive contracts, wrongful dismissals, restrictive covenants, whistleblowing, TUPE, injunctions, pensions disputes and disciplinary proceedings.