Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This briefing highlights recent...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 the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though 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 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
TUPE: Pre-Transfer Dismissal Was Automatically Unfair - In Hare Wines Ltd v Kaur [2019] EWCA Civ 216, the U.K.’s Court of Appeal considered whether the dismissal of an employee immediately before a transfer under the...more
No objection – TUPE was principal reason for dismissal - In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...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