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Employment - Legal Updates

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Sep
06
2013

Employee shareholder rules now in force, guidance issued
#Employment

Following on from the proposal for a new employee shareholder contract, which finally came into force in 1 September 2013, the Government has now produced guidance on employee shareholder status....

Aug
30
2013

Proposed TUPE changes now expected to come into force in January 2014
#Employment

Buddy`s February article gave details on the proposed major changes to Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE); further to this it is now being reported that the changes are planned to be introduced in January 2014 and will not come into force in October 2013 as originally intended....

Aug
30
2013

John Lewis: Never knowingly undersold... But their employees` holidays have been underpaid
#Employment

Following a review of John Lewis`s payment practices, it was discovered that it had been miscalculating holiday pay for the past seven years. John Lewis had been calculating holiday payments based on contracted weekly hours of employees. It failed to take into account the higher hourly wage rate of employees working on Sundays and bank holidays, as required by the Working Time Regulations 1998, w...

Aug
30
2013

Employers who fail to pay National Minimum Wage - Prepare to be named and shamed!
#Employment

Employers who fail to pay the National Minimum Wage (NMW) will be publicly named and shamed under revamped plans to make it easier to clamp down on rogue businesses....

Aug
23
2013

Disabled employees off sick: guidance on reasonable adjustments from EAT
#Employment

When considering reasonable adjustments for a disabled employee when and, how should an employer make allowances for disability related sick leave? The EAT has issued some helpful guidance in Commissioners for HMRC v Whiteley UKEAT/0581/12 by suggesting there are ‘at least two approaches`: 1. to look in detail at the periods of absence under review and, with expert evidence if necessary, attemp...

Aug
23
2013

Gross misconduct finding does not make dismissal fair
#Employment

The EAT in Brito-Babapulle v Ealing Hospital NHS Trust UKEAT/0358/12 has confirmed that an employment tribunal`s finding that gross misconduct does not mean that dismissal will automatically  be within the band of reasonable responses. The EAT found that the approach of the ET missed out essential considerations upon fairness - whether dismissal was reasonable in the particular circumstances of t...

Aug
13
2013

Can employees on long term sick leave carry over holiday they have accrued whilst absent?
#Employment

Are employees on long term sick leave entitled to carry over their full statutory holiday entitlement into the next holiday year?The Working Time Directive provides that member states must ensure that every worker is entitled to paid annual holiday of at least four weeks. This has been implemented in Great Britain by the Working Time Regulations 1998 (WTR) which provide that all workers are entit...

Aug
09
2013

Court of Appeal upholds £50,000 costs award against claimant
#Employment

In the case of Sud v London Borough of Ealing a robust decision has been made in the Court of Appeal upholding the tribunal`s decision to order the Claimant to pay 50 per cent of the Respondent`s legal costs. Background to the case/decision: The Respondents legal costs at full value were over £100,000. The Claimant had brought claims of unfair dismissal, detriment for having made protected dis...

Aug
09
2013

Guidance as to when enhanced redundancy pay is contractual
#Employment

The Court of Appeal issued some useful guidance as to when enhanced redundancy pay becomes a matter of contractual entitlement rather than just being payable at the employer`s discretion. In his judgment in the case of Park Cakes Ltd v Shumba & Ors [2013] EWCA Civ 974 on 31 July 2013, Lord Justice Underhill set out some useful non-exhaustive factors to consider: On how many occasions, and over...

Aug
02
2013

Employment tribunal fees come in but remain under legal challenge
#Employment

Most controversial change to date? The introduction of Tribunal fees from 29 July 2013 is undoubtedly controversial and has sparked much debate...

Aug
02
2013

"Zero-hours" employment: employers targeted by unions
#Employment

The increasing use of "zero-hour" contracts by employers has been topical in recent months. Criticism has arisen because the employee must remain available for work whilst not being guaranteed regular hours and consequentially levels of pay remain unpredictable...

Jul
26
2013

BIS to appeal Woolworth`s judgment
#Employment

The Department for Business, Innovation and Skills (BIS) has requested permission to appeal the recent judgment by the Employment Appeal Tribunal (EAT) in the Usdaw v Woolworths case that means that collective redundancies need not be "at one establishment" for there to be a requirement for the employer to consult. We will keep you posted....

Jul
26
2013

6 employment law changes from 29 July 2013
#Employment

As previously mentioned on Employmentbuddy, there are six procedural employment law changes coming into effect on Monday, 29 July 2013. Tribunal fees. For the first time, claimants will have to pay fees to bring employment tribunal claims.  See our new factsheet Employment Tribunal Fees [LINK] Tribunal rules. The rules of procedure in employment tribunals have been overhauled, the most important change b...

Jul
19
2013

Relief for private sector contractors in Alemo-Herron case on TUPE
#Employment

The ECJ has just issued its judgment in the important Alemo-Herron case, of particular relevance to public sector contracting. In a decision which will come as a relief for private sector contractors, it has ruled that the Acquired Rights Directive precludes UK courts from adopting a "dynamic" rather than a "static" interpretation of TUPE. In other words, where transferring employees` contracts p...

Jul
19
2013

Setting up in competition, injunction granted on basis of "implied terms"
#Employment

The recent case of Whitmar Publications v Gamage [2013] provides guidance for employers who find themselves in competition with former employees, when these employees have taken steps to compete with their employer whilst they were still their employees. In Whitmar, three employees had worked for the Claimant, a publisher, for a number of years. In January 2013 they resigned from their employme...

Jul
19
2013

Red Tape Challenge Updates: How effective will the Government`s scissors be?
#Employment

The Government has put out a call for evidence regarding the whistleblowing framework and whether it is operating effectively in today`s labour market. They are particularly looking for feedback on the provisions which were unaffected by the recent changes in the whistleblowing legislation and are considering whether any aspects of the protections no longer...

Jul
12
2013

Tribunal fees - legal challenge update
#Employment

The Scottish Court of Session has declined to grant any declaration concerning tribunal fees until a full hearing can take place. The case is relevant to England and Wales as the Lord Chancellor has conceded that a ruling by the Court of Session will bind the whole of the UK, not just Scotland....

Jul
12
2013

Can an obese individual be classed as disabled under the Equality Act 2010?
#Employment

Under the Equality Act, a disability is a physical or mental impairment that has a substantial and long-term adverse effect on a person`s ability to carry out normal day-to-day activities.  In the case of Walker v Sita Information Networking Computing Ltd an employee suffered from a multitude of physical and mental symptoms described as functional overlay which was significantly compounded by his...

Jul
12
2013

Settlement Negotiations - changes in force 29 July 2013
#Employment

On 29 July 2013, the following sections of Enterprise and Regulatory Reform Act 2013 (ERRA 2013) into force: Pre-termination negotiations- a new, but complex statutory framework that will allow for certain discussions to remain confidential from a tribunal in unfair dismissal cases only. Section 14. Compromise agreements and compromise contracts- will be renamed as "settlement agreements" in...

Jul
05
2013

Judicial Review of Tribunal Fees
#Employment

The Government`s intention to introduce Tribunal fees from 29th July 2013 is quite possibly the most controversial change to the Employment Tribunal procedure that they have made to date....

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