In a busy month in the courts and tribunals, an employer was liable for psychiatric injury caused by a flawed disciplinary process. The High Court found that TUPE didn’t transfer an employer’s vicarious liability for an...more
It’s been all systems go in the second half of January. As the Employment Rights Bill completed its committee stage, the government (finally) confirmed that neonatal care leave and pay will come into force in April. EAT...more
As part of its “Smarter regulation to grow the economy” initiative, the UK government is consulting on further changes to TUPE. These include making it clear that TUPE applies to employees, not the wider category of workers,...more
Parliament returned from its summer recess in September, allowing proposals on preventing sexual harassment to progress and the right to request a more predictable contract to become law. Angela Rayner’s speech to the TUC...more
In Ponticelli Ltd v Gallagher, the Court of Session in Scotland decided that a share incentive plan transferred under TUPE. Even though the employee’s right to participate was not contained in his contract of employment, it...more
Last week the UK government announced that it was planning to make changes to the Working Time Regulations and one aspect of TUPE. It has now published a consultation paper providing further detail about the proposed reforms....more
The government has announced that it will not repeal most retained EU law at the end of the year as originally planned. However, it is planning to use Brexit-related freedoms to amend some aspects of the Working Time...more
Split the difference - CJEU decision on fragmentation applies to service provision changes -
When a contract is retendered, services that were originally provided by a single contractor may be divided between two or more...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
3/4/2019
/ Disability ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
Hiring & Firing ,
International Labor Laws ,
TUPE ,
UK ,
Unfair Dismissal ,
Wage and Hour
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
Plus ça change… - the employment law implications of the Great Repeal Bill -
The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more
4/3/2017
/ Court of Justice of the European Union (CJEU) ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equality Act ,
EU ,
European Communities Act ,
Proposed Legislation ,
TUPE ,
UK ,
UK Brexit
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
3/13/2017
/ Appeals ,
Data Subjects Rights ,
Disclosure ,
Employment Litigation ,
Hiring & Firing ,
Sex Discrimination ,
TUPE ,
UK ,
UK Data Protection Act ,
UK Employment Appeal Tribunal ,
Wrongful Termination