TUPE

October 11th, 2017

It was not a breach of Regulation 11 of TUPE for a transferor, when giving Employee Liability Information to a transferee, to incorrectly state that a Christmas bonus was non-contractual, when it turned out it was contractual.   This was the decision in the EAT in Born London Limited v Spire Production Services Limited where […]

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Working Time

October 11th, 2017

  The question of whether workers are entitled to the national minimum wage when ‘on-call’, or sleeping, at work has been answered by the EAT as essentially it depends.   In three cases heard at the same time (with the lead case being Focus Care Agency v Roberts), the EAT considered whether three tribunals had […]

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A Day’s Pay

October 11th, 2017

In Hartley and ors v King Edward VI College the Supreme Court has held that S.2 of the Apportionment Act 1870, which deems that payments are to accrue day by day at an equal rate, applied to determine the rate at which a College was entitled to make deductions from employees’ pay for each day […]

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Sex Discrimination

October 11th, 2017

An employment tribunal in Leeds has decided that it is direct sex discrimination not to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay, in this case 14 weeks full pay. Whilst only a tribunal decision, it […]

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TUPE

October 11th, 2017

In ICAP Management Services Ltd v Berry, the High Court has reminded parties that TUPE requires a change of employer, a share sale does not involve a change of employer and it is an exceptional case where, after a share sale, there is a de facto TUPE transfer because of the supreme control exercised by […]

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Holidays and Deductions of Wages

October 11th, 2017

In King v The Sash Window Workshop Ltd and anor, Advocate General Tanchev has given the opinion that employers are bound to provide an ‘adequate facility’ for workers to exercise the right to paid annual leave under Article 7 of the EU Working Time Directive. Once the employer does so, the worker then becomes responsible […]

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Whistleblowing

October 11th, 2017

In Chesterton Global Ltd and anor v Nurmohamed, the Court of Appeal has held that an employment tribunal was entitled to find that an employee had a reasonable belief that his disclosures about his employer’s manipulation of profit and loss accounts were made in the public interest, despite his personal motivation in so doing (i.e. […]

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Discrimination Awards

October 11th, 2017

The Presidents of the Employment Tribunal in England & Wales, and Scotland have released a Joint Response to the Vento Bands Consultation. They have confirmed new bands will apply to any claims issued on or after 11 September 2017 and will be:-   lower band (less serious cases): £800 to £8,400   middle band: £8,400 […]

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Suspension

October 11th, 2017

The suspension of a teacher amounted to a breach of the implied term of mutual trust and confidence according to the High Court in Agoreyo v London Borough of Lambeth. In this case, a teacher was suspended because of the force she used with two children. She had not been asked for her response to […]

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Holiday Pay

October 11th, 2017

Pay for voluntary overtime, normally worked, is ‘normal remuneration’ for the purposes of calculating holiday pay according to the EAT in Dudley Metropolitan Borough Council v Willetts.   The claimants were electricians, plumbers, roofers and similar who, as well as working day jobs, also worked entirely voluntary overtime which paid additional standby and callout allowances. […]

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