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TUPE and Share Sales

In ICAP Management Services Limited v Dean Berry and BGC Services (Holdings) LLP [2017] EWHC 1321, the High Court examined the circumstances in which TUPE may apply to a share sale. Mr Berry was a senior executive at ICAP...more

Increase in "Injury to Feelings" Awards in Discrimination Claims

The Vento bands for “injury to feelings” awards in discrimination claims have been increased. The new figures, applicable to claims issued on or after 11 September 2017, are as follows: - Lower band, for the least serious...more

Employment Tribunal Fees: Update

In July, we reported on a landmark decision in which the U.K.’s Supreme Court unanimously found the Employment Tribunal fee regime to be unlawful. Below is an update on the legal and practical developments since that...more

European Court of Human Rights Sets New Boundaries on Monitoring Employees in the Workplace

The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower...more

Is Culpability Relevant in a Conduct Dismissal?

In JP Morgan Securities v Ktorza [2017] UKEAT 0311-16-1105 the Employment Appeal Tribunal (EAT) considered whether there was a requirement for an employer to establish that an employee’s conduct was culpable when determining...more

Protecting Business Interests: Don't Get Stung by an Overly Wide Non-Compete

In Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054 the Court of Appeal examined the enforceability of a non-compete covenant. Ms Tillman was the global co-head of financial services at Egon Zehnder Ltd (EZ), a professional...more

Latest Developments in Holiday Pay

The summer months have seen two binding decisions from the Employment Appeal Tribunal (EAT) in the continuing litigation around holiday pay. In Dudley Metropolitan Borough Council v Willetts & Others [2017]...more

The Good Work: The Taylor Review

The Good Work: The Taylor Review of Modern Working Practices (the Review), an independent report commissioned by the U.K. government to analyse the changing employment landscape, was published on 11 July 2017....more

Whistleblower Protection: When Private Turns Public

In Chesterton Global Ltd & Anor v Nurmohamed & Anor (Rev 1) [2017] EWCA Civ 979 the Court of Appeal provided some much needed clarity on the definition of “public interest” in whistleblower claims. Mr Nurmohamed was a...more

U.K. Supreme Court: Employment Tribunal Fees Are Unlawful

In a landmark decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the U.K.’s Supreme Court unanimously found that the Employment Tribunal fee regime is unlawful. Since 2013, claimants have had to...more

Departing Employees: No Need to Disclose an Intention to Compete

In the case of MPT Group Limited v Peel [2017] EWHC 1222 (Ch), the High Court examined whether departing employees were required to disclose their intention to compete after the expiry of their restrictive covenants. The...more

Beware of Discrimination Pitfalls in Recruitment

In the case of Government Legal Services v Brookes [2017] UKEAT/0302/16/RN, the Employment Appeal Tribunal (EAT) considered whether a job applicant with Asperger’s Syndrome was discriminated against due to the requirement to...more

Expatriate Employees and the Territorial Jurisdiction of U.K. Employment Tribunals

In Green v SIG Trading Ltd [2017] UKEAT 0282_16_2405 the Employment Appeal Tribunal (EAT) examined the test for determining whether a U.K. Employment Tribunal had jurisdiction to hear statutory U.K. employment claims brought...more

Assessing Fairness in Redundancy Dismissals

In Green v London Borough of Barking & Dagenham UKEAT/0157/16/DM, the Employment Appeal Tribunal (EAT) considered how fairness in a redundancy process should be assessed. Ms Green was employed by a local authority (LA)...more

Reasonableness Threshold for Dismissal for Some Other Substantial Reason

In Ssekisonge v Barts Health NHS Trust [2017] UKEAT 0133_16_0203, the Employment Appeal Tribunal (EAT) considered the applicable threshold for determining reasonableness where a dismissal is for some other substantial reason...more

Supreme Court Rules on Indirect Discrimination Test

In the joint cases of Essop and others v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice [2017] UKSC 27, the U.K. Supreme Court examined the test for establishing indirect discrimination....more

Effective Date of Termination Notice Sent by Post

In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153, the Court of Appeal (CA) looked at when a notice of termination sent by post takes effect. Ms Haywood’s employment became at risk of redundancy...more

Determining Employment Status

In Capita Translation & Interpreting Limited v Siauciunas [2017] UKEAT 0181_16_2302, the Employment Appeal Tribunal (EAT) considered the employment status of an interpreter. Mr Siauciunas was an interpreter for Capita...more

What Constitutes a Service Provision Change Under TUPE?

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

Raising Rates: Tribunal Compensation Limits and National Minimum Wage 2017

The annual increases in compensation in the employment tribunals will take effect on 6 April 2017. The new rates apply where the event giving rise to the compensation (such as the termination of employment) occurs on or after...more

In the "Gig Economy": When Is a Contractor Not a Contractor?

Pimlico Plumbers Ltd & Anor v Smith [2017] EWCA Civ 51 is the latest in a series of recent cases before the U.K. courts regarding employment status in the “gig economy”. In this case, the Court of Appeal considered whether an...more

Exploring the Limits of Compliance With a Data Subject Access Request

Holyoake v Candy and another [2017] EWHC 52 (QB) saw the U.K. High Court look into the issue of compliance with a data subject access request (DSAR). The parties in this case were already involved in high-value court...more

4/3/2017  /  Directors , Discovery , Email , UK

Countdown to Brexit: How Businesses Can Prepare

In the coming days, the U.K. government is expected to formally notify the European Council of its intention to withdraw from the European Union under Article 50 of the Treaty on European Union. Formal notification will start...more

Mobility Clause in Redundancy Situation

The Employment Appeal Tribunal (EAT) in Kellogg Brown & Root (UK) Ltd v (1) Fitton UKEAT/0205/16 and (2) Ewer UKEAT/0206/16 considered whether two employees had been unfairly dismissed for redundancy when they refused to...more

Does Long-Term Stress Amount to a Disability?

The Employment Appeal Tribunal (EAT) in Herry v Dudley Metropolitan Council UKEAT/0100/16/LA considered whether an employee’s long-term stress made him disabled for the purposes of U.K. disability discrimination law. Mr...more

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