Changing terms and conditions after a TUPE transfer can be tricky. If the terms are being changed because of the transfer itself or for a reason connected with the transfer which is not an economic, technical or organisational reason entailing changes in the workforce then TUPE renders the change void....
Regulation 4(4) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) ("TUPE") provides that if an employer seeks to vary an employee`s employment contract following a TUPE transfer, that variation will be void if the sole or principal reason is the transfer itself....
In order to appeal a Tribunal decision to the Employment Appeal Tribunal (EAT) an appellant must serve a Notice of Appeal. A judge or Registrar will review the Notice of Appeal and decide whether the appeal can be heard....
The Employment Appeal Tribunal (EAT) has held in Cordell v Foreign & Commonwealth Office UKEAT/0016/11 that refusing to provide a deaf employee with English lipspeaker support was not a failure to make reasonable adjustments because the cost of providing such support was unreasonable. The Claimant in this case had accepted a promotion to a role in Kazakhstan. Her employer had provided...
According to the findings of research by Andras Tilcsik, a Harvard social scientist which was reported on the Mail Online website this week, job applicants who submit a CV which notifies potential employers of their homosexuality are 40 per cent less likely to get called for an interview. The results of Mr Tilcsik’s research was compiled by his sending out two sets of CVs to 1,769 US compa...
The use of social media can be a minefield, creating many issues for employers which are increasingly being seen in Tribunals. Employers who ignore the rise of this medium do so at their peril....
In a judgement passed on 4 March 2011 in Hashman v MiltonPark (Dorset) Ltd t/a Orchard Park, an employment Tribunal held that a beliefin the sanctity of life, extending to a fervent anti-fox hunting belief,constituted a philosophical belief for the purposes of the Religion or BeliefRegulations (now enshrined in the Equality Act 2010). However, the Tribunal stressed that its decision was...
In a case which highlights the importance of having clear, unambiguous and well publicised policies, and then abiding by them, the EAT had held that an employee who consumed alcohol during working hours was unfairly dismissed....
After the Employment Equality (Repeal of Retirement Age Provisions) Regulations it is now no longer legally possible for employers to retire their employees automatically when they reach the age of 65....
George Osbourne announced today at the Conservative Party conference in Manchester that the qualifying service for unfair dismissal will increase from one year to two years. This change will take effect in April 2012. While many employers may welcome this change others have suggested that claimants will bring more disrcimination claims in the Employment Tribunal if they cannot bring unfair...
Currently claimants can start claims in the Employment Tribunal without paying any fee, however fees are common in the court system. The Chancellor announced at the Conservative Party Conference that from April 2013 the following fees will be introduced in the Employment Tribunal System and claimsnts will have to pay; £250 when applying to a tribunal and a further £1000...
Jackson v Liverpool City Council Mr Jackson left the Council`s employment in 2007 to take up a position in Sefton Borough Council`s adult services department. In 2008, Mr Jackson applied for a position in the child services department within Sefton Council. As this role was dependant on satisfactory references, Mr Jackson approached Ms Griffiths of Liverpool City Council. Owing to certain concerns that had arisen after Mr Jackson had left employment, specifically in connection with his recordkeeping, Ms Griffiths explained she was unable to confirm or deny whether she would employ Mr Jackson again. Her rationale for this indecisive response was because the allegations against Mr Jackson had not been investigated formally. Mr Jackson was unsuccessful in his application and he therefore decided to pursue a claim for damages in the County Court....
Man City Footballer, Carlos Tevez, seemingly refused to play as a substitute in a match on 27 September 2011. His boss, Roberto Mancini, reacted by saying: "If we want to improve as a team, Carlos can`t play with us. With me, he is finished." Would Mancini have grounds to dismiss Tevez? Playing football for Man City will be the main obligation Tevez should fulfil under his contract o...
Despite its red tape review stating that the increase in the qualifying period of employment need to bring a claim of unfair dismissal in the Tribunal would be increased to 2 years, the Government has announced that the increased is not yet definite. The review paper stated "We are increasing the qualifying period for employees to be able to bring a claim for unfair dismissal from one to two year...
The Agency Workers Regulations 2010 come into force tomorrow. Further details of this legislation can be found in Buddy`s recent news article Agency Workers The Countdown Begins and Agency Workers Regulations AuditQuestionnaire for Agency, Information for Agency on 12 week entitlements and Agency Workers Day 1 entitlements checklist. Don`t forget that the 2011 National Minimum Wage (NMW) rates also come into effect tomorrow:...
The Government has published proposals to deregulate business....
It has been reported in the Metro that an 18 year old pot washer was dismissed days after informing her employer that they would have to increase her hourly rate from £4 to £4.92 after she turned 18. The employee brought and won a claim for age discrimination in the employment tribunal. Some employers mistakenly believe that they can treat young workers, particularly those just...
Under the Equality Act 2010, where an employee is placed at a disadvantage by an employer`s policy, criterion or practice, the employer is under a duty to take reasonable steps to avoid the disadvantage....
In the case of Williams and others v British Airways plc (Case C-155/10 ECJ), the ECJ has held that airline pilots’ paid annual leave must include supplementary flying payments. The case was referred to the ECJ by the Supreme Court. In this case, the pilots’ holiday pay was made up of their basic salary but did not include flying supplements to which they were entitled as part...
A BT telesales worker earning £20,000 p.a., who left her job after several incidents of alleged bullying, has been awarded a record £290,000 payout from BT after her complaints of sex discrimination and unfair dismissal were upheld. This sum represents the highest Employment Tribunal payout in the past year and included damages for personal injury, loss of potential future earnings and injury to feelings. The Tribunal found that the line manager responsible for the harassment had displayed a bullying management style and had used "obscene, homophobic and racist language."...