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Mar
19
2015

TUPE: service provision change can occur where there is a group of clients with a common intention
#Employment

The EAT has considered for the first time the issues of whether the references to "a client" and "the client" in regulation 3(1)(b) of TUPE (which defines a service provision change) can cover "clients" in the plural. The employment tribunal held that it does not....

Mar
18
2015

What does the 2015 Budget mean for businesses?
#Employment

Today George Osborne released the budget for 2015 and announced ‘the rich will pay the most’. He stated that £30bn worth of savings must be found, however insisted that the UK economy was improving and that “the sun is shining on Britain”. Here we look at the main points of the budget likely to affect businesses and employees....

Mar
18
2015

UKIP's plans for race discrimination law
#Employment

With the general election looming, Mr Farage probably considers it a less than ideal time to become embroiled in a war of words with Channel 4. According to Channel 4, Mr Farage confirmed in an interview last autumn that he would scrap “much of” race discrimination law....

Mar
12
2015

Resignation which amounts to constructive dismissal does not fall within the meaning of harassment
#Employment

Where an employee is subjected to separate acts of harassment, can an employee’s subsequent resignation also amount to an act of harassment? The Employment Appeal Tribunal (“EAT”) recently had to consider this issue in Timothy James Consulting Ltd v Wilson [2015] UKEAT 0082/14....

Mar
05
2015

Withholding bonuses may constitute disability related discrimination
#Employment

It is important when deciding the criteria for bonus entitlement or when scoring employees during a redundancy exercise, that due consideration is given to whether an employee has been absent from work due to their disability....

Mar
05
2015

Senior executives and gross misconduct: do they have to get notice pay?
#Employment

In light of the controversy surrounding the payouts made to two former Tesco directors, there have been further calls , including from the City, for the notice periods in senior executives contracts to be reduced....

Feb
27
2015

A single employee can be "an organised grouping of employees" for TUPE purposes, Court of Appeal confirms
#Employment

The Court of Appeal has given some useful guidance on when employees transfer under TUPE in a service provision change scenario: Rynda (UK) Ltd v Rhijnsburger [2015] EWCA Civ 75. This was a case concerning the transfer of a single employee....

Feb
26
2015

Court of Appeal guidance on misconduct dismissals: how far does an employer's investigation have to go?
#Employment

When dealing with misconduct allegations, do you find that employees sometimes seek to provide explanations that are so hard to disprove or could require many weeks of investigation, that you feel like you have to give up on the matter, rather than risk a tribunal claim? Some recent guidance from the Court of Appeal...

Feb
24
2015

GMB discriminated against union member because of his left wing socialist beliefs
#Employment

In a case involving Ed Miliband, the GMB is appealing a judgment by an employment tribunal that it unlawfully discriminated against a GMB member and who worked for the union for his “left-wing democratic socialist beliefs”. The case, reported in The Times this week, is not the first case where such a political belief has been found to constitute a belief protected under the Equality Act....

Feb
24
2015

General flexibility clause could not be relied on to unilaterally vary contract
#Employment

The EAT has overruled a tribunal decision that the National Audit Office was entitled to rely on a general right to vary clause to reduce employees' entitlements without their consent....

Feb
24
2015

Is there a "right to strike"? Unions call for action ahead of ILO meeting
#Employment

There will be a very important international meeting next week, which could impact on UK strike laws in the longer term, dealing with the key question, “ Is there a right to strike?” The meeting, at which representatives of various governments, unions and employers organisations will be attending, including the CBI, will be at the United Nations in Geneva, where the UN agency for labour standards, the International Labour Organisation, meets. Clarkslegal attends the ILO’s annual conference on behalf of the CBI....

Feb
24
2015

Can changing employees' terms and conditions amount to indirect age discrimination?
#Employment

The Employment Appeal Tribunal (“EAT”) has recently held that varying employees’ contractual terms and conditions may amount to indirect age discrimination where those changes disadvantage older workers (Braithwaite and others v HCL Insurance BPO Services Ltd UKEAT/0152/14). In the Braithwaite case however, the EAT found that the changes made to employees’ contracts could be objectively justified as there were no less discriminatory ways of achieving the employer’s legitimate aim of reducing staffing costs....

Feb
24
2015

E-cigarettes at work - is vaping included in your smoking policy?
#Employment

According to Action for Smoking and Health, there were 2.1 million adults using e-cigarettes in the UK last year. E-cigarettes pose a number of problems for employers, in particular, whether they should be used in the workplace....

Feb
10
2015

When accepting sick pay means you can't be too sick to resign
#Employment

The EAT has upheld an employment tribunal's decision that an employee had affirmed her employment contract and could not, therefore, succeed in a constructive dismissal claim....

Feb
09
2015

Advocate General's opinion in Woolworth's case: employers now optimistic that consultation decision will be overruled
#Employment

Just over a year ago, we reported that the collective redundancy case concerning the collapse of Woolworths, and which continues to cause huge concern to employers. The case was referred by the Court of Appeal to the European Court of Justice (ECJ)....

Feb
02
2015

Get ready for Easter. More men than women want shared parental leave from 5 April
#Employment

The new shared parental leave rules apply in respect of babies due on or after 5 April 2015, which happens to be Easter Sunday this year....

Feb
02
2015

Removal of parking facility for HGV drivers did not amount to workplace closure redundancy
#Employment

The EAT has upheld a finding that two delivery drivers were unfairly dismissed when their employment was terminated on the basis of redundancy, following a change to their terms and conditions. For several years the drivers had been entitled to park their HGVs overnight at a secure facility near their homes in Stockport, and were paid for their time travelling to the employer's Wednesbury depot each day. ...

Feb
02
2015

John Lewis agrees to additional £12 million a year in holiday pay liability
#Employment

John Lewis Partnership has announced that with effect from February 2015 , when calculating holiday pay it will follow the Employment Appeal Tribunal ruling last November that holiday pay must take account of non guaranteed overtime....

Feb
02
2015

Civil service settlement agreements cannot be used to avoid disciplinary action
#Employment

The Cabinet Office has published Cabinet Office Guidance on Settlement Agreements, Special Severance Payments and Confidentiality Clauses on Termination of Employment which will apply from 1 February 2015. ...

Feb
02
2015

Acas revises guidance on disciplinary and grievance meetings
#Employment

On 16 January 2015, Acas published a draft revised Code of Practice on Disciplinary and Grievance Procedures providing new guidance relating to a worker's right to be accompanied. It confirms that an employer must agree to a worker's request to be accompanied by any chosen companion from one of the statutory categories, namely a fellow worker, trade union representative or official....

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