The EAT has upheld an employment tribunal’s decision that a relocation of three and a half miles following a TUPE transfer was not a substantial change to bus drivers’ working conditions to their material detriment. The employees were therefore not entitled to claim that they had been constructively dismissed or Read more…
A Court of Appeal decision confirms that, where an employer has set out a formal contractual disciplinary procedure, it is bound by the terms of that procedure. In this case, the employee had appealed against the imposition of a written warning and the employer contemplated increasing the severity of that Read more…
Businesses should take note of a First-tier Tribunal (Tax Chamber) ruling which held that the first £30,000 of an interim payment awarded by an employment tribunal to an appellant was exempt from income tax. This was on the basis that the payment arose from termination of employment rather than from Read more…
Employers considering a business reorganisation should take note of an EAT decision which held that an employer failed in its duty to make reasonable adjustments when it did not adjust certain redundancy criteria that placed a disabled employee at a substantial disadvantage. This was despite the fact that the failure Read more…
Employers will welcome a Court of Appeal decision that robustly rejected the idea that they are obliged to make reasonable adjustments for employees or job applicants who are associated with disabled people (in this case, for a non-disabled employee whose daughter has Down’s syndrome). The court held that the reasonable Read more…
A recent High Court decision provides useful guidance for businesses on how they should deal with the competing rights, legal obligations and interests of the parties involved when providing a reference. The court held that a police force should not be permitted to send a further reference to the new Read more…
Businesses should take note of an Employment Appeal Tribunal (EAT) case that highlights the importance of formalising employment relationships. The EAT held that an employment tribunal erred in finding that a director and shareholder, who performed part-time work for a company without pay for at least three years, was an Read more…
The Supreme Court has held that a former equity partner of a law firm incorporated as a limited liability partnership (LLP) was clearly a worker and therefore eligible to bring a whistleblowing claim against the LLP. As a result of this decision, LLP members will become entitled to a range Read more…
Two surveys have highlighted the risk of candidates providing fake references and the fact that a large number of staff fail their probationary periods. This suggests that employers may need to review their procedures for checking references and for assessing probationary periods. The Federation of Small Businesses and BBC1 worked Read more…
Although small businesses will not be subject to the pensions auto-enrolment requirements until June 2015 at the earliest, they should nevertheless take note of a recently published Pensions Regulator report. The report highlights key points for employers to consider to ensure they comply with their auto-enrolment duties. It suggests that Read more…