News

23 July 2012

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.…

23 July 2012

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…

23 July 2012

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. The proposals There are…

17 July 2012

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. Background The…

17 July 2012

UK ordinary residence

HM Treasury has published draft legislation in relation to the abolition of ordinary residence for all tax purposes except for overseas workday relief. Background In June 2011, as part of…

17 July 2012

Employees who are sick during their holiday can take that holiday entitlement at a later date

The European Court of Justice ("ECJ") has confirmed that an employee who falls ill during a period of paid annual leave is entitled to take the affected days as paid…

17 July 2012

Employee who filed her claim for breach of contract 3 months too late is allowed to proceed with her claim

The EAT has decided that an employee who was wrongly advised by her employer about the timeframe for bringing a claim could proceed with that claim despite filing it three…

1 June 2012

High Court holds employers may be bound to pay bonuses communicated to employees

The High Court has held that where an employer announces that a particular sum has been set aside for bonuses, that could amount to a contractual entitlement to the bonus.…

1 June 2012

Measuring Employee Engagement

A new study highlights the importance of relying on more than just scores from employee surveys in measuring levels of employee engagement in an organisation. The Research Employee engagement is…

30 May 2012

The EAT issues guidance on the transfer of employment under a service provision change

Is an employee who spends all of his time doing work for one client automatically an organised grouping of employees as required to establish a service provision change for the…