A new set of rules has been proposed designed to streamline the operation of Employment Tribunals. […]
Category: Employment/Labour Law
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. […]
Employees do not have a legal right to be accompanied by their lawyer at a disciplinary hearing
The Court of Appeal has held that an employee did not have the right under the European Convention of Human Rights (ECHR) to legal representation during a disciplinary hearing which resulted in his dismissal. […]
Enterprise and Regulatory Reform Bill
The Government has tabled a Bill which is designed to implement a number of employment reforms on which it has been consulting since elected to office. […]
Unfair selection for redundancy
The Employment Appeal Tribunal (“EAT”) held that subjective redundancy criteria may be appropriate in certain cases, provided that they can be assessed in a dispassionate or objective way. […]