The Government has published its proposals for reform of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). The big news is that the Government has decided not to scrap the service provision change (SPC) rules. Instead, there is a relatively minor (and arguably unnecessary) amendment to reflect case law Read more…
In Alemo-Herron and others v Parkwood Leisure Ltd the European Court of Justice (ECJ) has held that the Acquired Rights Directive precludes UK courts from adopting a “dynamic” rather than a “static” interpretation of TUPE. What this means is that where transferring employees’ contracts provide that their terms are to Read more…
The cap on the unfair dismissal award will be the lower of £74,200 or one year’s gross pay with effect from 29 July 2013 (we knew this was happening sometime this month, but now the commencement date is confirmed). This will give both parties a more realistic expectation of what Read more…
The latest round of quarterly tribunal statistics for January to March 2013 have been published, which also includes annual figures for the financial year 2012/13, covering the period from April 2012 to March 2013. In relation to employment tribunals, the statistics reveal that in 2012/13 the caseload outstanding has increased by Read more…
There has been a lot of discussion over recent months about the Government’s proposal to replace the commonly used compromise agreement with a “settlement agreement”, but not everyone is clear about what the difference is and why the Government is proposing a change. So what is the difference? Compromise Agreements Read more…
Following hot on the heels of our seminar earlier this month on monitoring employees at work, the Employment Appeal Tribunal (EAT) has provided welcome guidance on the use of surveillance by employers of their employees to detect potential misconduct. In the case of City and County of Swansea v Gayle Read more…
You will be aware that there has been on-going consultation in various aspects of employment law over the last 12 months. Of these changes, one of the most interesting, and possibly the one which has gone under the radar of most people, is that the two-year qualifying period for unfair Read more…
For many years local authorities have been fighting a rear guard action in relation to mass equal pay litigation brought by trade unions and no win, no fee lawyers. This is despite the fact that most local authorities and the NHS have invested a huge amount of time and resources Read more…