In this month’s instalment, our team discuss recent findings by the Employment Appeal Tribunal that employers should consult on the fairness of redundancy pools and that future claims can be waived under a settlement...more
Welcome to the seventh edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative....more
Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more
In this month's instalment, our team highlight key updates to ACAS guidance on employee holiday entitlement and sickness absence, and artificial intelligence in the workplace. We also explore a recent Employment Appeal...more
Our May update includes cases on the removal of an EAT panel member for bias in a case involving religious belief and the teaching of children about same sex marriage, the effect of a CPO which prevents individuals from...more
Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more
Our October update includes new case law on Long Covid/disability discrimination, confirmation of limits on the scope of protected philosophical beliefs, and a tricky case on extending discrimination time limits. It also...more
Our April 2021 update includes a case which signals a potentially significant change in approach to TUPE transfers involving multiple transferees. We also consider a recent whistleblowing case in which it was considered that...more
Split the difference - CJEU decision on fragmentation applies to service provision changes - When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...more
Introduction - The reputation that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) have for technicality, complexity, and unpredictability will not be improved by the recent decision of the...more
Disability Discrimination: Was the Discrimination ‘Because Of’ Disability or ‘But For’ Disability? In Robinson v Department for Work and Pensions [2020] EWCA Civ 859, the Court of Appeal provided helpful guidance on the...more
As we move towards a ‘new normal’, our August 2020 update outlines some of the key non-COVID related employment law developments in the UK over the last month. It includes a TUPE-related ECJ judgment which takes a different...more
Our first update of 2020 outlines key UK employment law developments over the last month. It includes cases on the definition of ‘employee’ under TUPE, the impact of a job evaluation survey in relation to equal pay, direct...more
Employers are required, under the National Minimum Wage Act 1998 (“Act”), to maintain pay records and, if requested to do so, to produce such information to their workers. A failure by an employer to comply with its...more
Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more
Court of Appeal: Disability Discrimination & Reasonable Adjustments - In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more
In this weeks issue: - White lies – incorrect reason for dismissal breach of trust and confidence... - Substance not form – TUPE transfer followed share sale... - Did you see that? CCTV recordings and disciplinary...more
Breaking up is (not always) hard to do – transfer of part of service capable of being a TUPE service provision change - In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust the EAT decided that...more
The Employment Appeal Tribunal (EAT)’s decision in Tees Esk & Wear Valleys NHS Foundation Trust v Harland [2017] UKEAT 0173_16_0303 sheds new light on the factors to consider in determining whether there has been a service...more
Don't ask, don't get – data subject access requests and litigation - The Court of Appeal has provided further guidance on responding to data subject access requests made in the context of litigation – in this case...more
In Salvation Army Trustee Company v Bahi UKEAT/0120/16, the Employment Appeal Tribunal (EAT) considered the correct approach to determining whether activities carried out before and after a service provision change under TUPE...more
In CT Plus (Yorkshire) CIC v Black and others UKEAT/0035/16, the Employment Appeal Tribunal (EAT) considered whether TUPE applied when a park-and-ride service was changed. Hull City Council engaged a bus company called...more
In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust UKEAT/0267/15/RN, the Employment Appeal Tribunal (EAT) considered whether there could be a service provision change under TUPE where only part...more
In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer. Mr Layton was employed as...more
In Jakowlew v Nestor Primecare Services Ltd t/a Saga Care UKEAT/0431/14/BA, the Employment Appeal Tribunal (EAT) considered whether an employee’s employment had transferred by reason of a service provision change under TUPE,...more