Harmonising terms and TUPE
The EAT have issued a reminder of the consequences of harmonising terms following a TUPE transfer. […]
Author: David Widdowson
Posts by David Widdowson
Rethinking mental health in the workplace
The Mental Health (Discrimination) Bill was debated in Parliament on 14 September 2012 and the government has confirmed that it intends to back this bill. […]
Proposed new Employment Tribunal rules
A new set of rules has been proposed designed to streamline the operation of Employment Tribunals. […]
The price of justice – the new fee regime in the Employment Tribunal
The Employment Tribunal has announced the new fee regime which should come into force in the Summer of 2013. […]
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TUPE, property transactions and a change of client
The service provision rules under Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) do not apply when there is a change in the client who receives the new contractor’s services. […]
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How to cure a potential constructive dismissal
An employee who was vindicated by his employer following an unfair suspension could not claim constructive dismissal. […]
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Do independent contractors have worker status?
The Court of Appeal held that a doctor who provided services to customers of a clinic was a ‘worker’ and accordingly could bring claims for unlawful deductions from wages and for unpaid holiday pay. […]
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Sick employees need not request carry-over of holiday entitlement
Employees who are dismissed whilst on long term sick leave do not need to request ‘carry-over’ of untaken holiday in order to receive a payment in lieu of such holiday. […]
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Fiduciary duties and the importance of updating employment contracts
The Court of Appeal has decided that a senior employee did not owe a fiduciary duty or a duty of fidelity when he set out to compete with his employer. […]
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Can employers withhold contractual payments if they become aware of gross misconduct?
The Court of Appeal held that an employer could not withhold a contractual payment as the employee’s contract of employment allowed for such payment in the event of summary termination. […]