‘It is well known that where the management or ownership of property passes from one company to another, the employment of staff engaged in property management or maintenance may transfer with it under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). However, it is not unusual for several different managed service contracts simultaneously to transfer from one contractor to another or for a number of sub-contracted maintenance contracts to be taken in-house by a property management company. A recent case has considered how TUPE applies in these circumstances involving multiple contracts.’
Tanfield Chambers, 27th April 2015
Source: www.tanfieldchambers.co.uk
‘A costs order of £10,000 against a woman described by her barrister as “in dire straits” has been upheld by the Employment Appeal Tribunal (EAT).’
Litigation Futures, 23rd April 2015
Source: www.litigationfutures.com
‘Matters covered by someone who ‘blows the whistle’ on suspected bad practices at their employer need not necessarily be “of interest to the public” to benefit from stricter rules governing whistleblower protection, the UK’s Employment Appeal Tribunal (EAT) has said.’
OUT-LAW.com, 13th April 2015
Source: www.out-law.com
‘Charles Crow reviews recent decisions in relation to covert recordings by employees and the implications for Tribunals and employers.’
No. 5 Chambers, 12th January 2015
Source: www.no5.com
‘A vexed question: Where is the boundary between assistance and being in the arena? And how does the internet impact on that. The latest attempt to give guidance is the curious case of East of England Ambulance Service NHS Trust v Sanders UKEAT/0217/14/RN before Langstaff P and 2 lay members.’
No. 5 Chambers, 12th January 2015
Source: www.no5.com
‘Irvine Maccabe discusses practical issues and strategies to consider in relation to recusal, judicial misconduct and transcripts.’
No. 5 Chambers, 12th January 2015
Source: www.no5.com
‘The Employment Appeal Tribunal’s (EAT’s) judgment in the Bear Scotland case is the latest in a series of cases considering what must be included in the calculation of holiday pay under the UK’s Working Time Regulations (WTR). The ruling sent shockwaves through the business community, with some commentators estimating that around five million workers in the UK could be entitled to more holiday pay at a potential cost to companies of billions of pounds. Business Secretary Vince Cable even set up a taskforce to assess the possible impact of the EAT’s decision. Adam Solomon and Sophia Berry throw the spotlight on the Bear Scotland litigation in the context of other decisions on holiday pay and consider its implications. This article first appeared in the March 2015 edition of Tolley’s Employment Law Newsletter.’
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Littleton Chambers, 17th March 2015
Source: www.littleton.com
‘If employers want to vary a contract of employment they must first make sure that they have a very clear right to do so.’
Hardwicke Chambers, 18th February 2015
Source: www.hardwicke.co.uk
‘In this article Cloisters’ barrister Paul Epstein QC comments on what disclosure actually means and what the obligations are in the Employment Tribunal. He discusses the different types of disclosure, the new CPR test and what parties need to do.’
Cloisters, 10th February 2015
Source: www.cloisters.com
‘In Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust UKEAT/0130/14 the EAT was faced with a jurisdictional issue which is of practical importance but is somewhat bereft of appellate guidance. Since the CA is due to hear an appeal in July 2015, the decision is still in a state of flux.’
Cloisters, 3rd February 2015
Source: www.cloisters.com
‘The number of women lodging pregnancy-discrimination claims has fallen by 40 per cent since the Government introduced fees of £1,200 to go to a tribunal, new figures have revealed.’
The Independent, 15th March 2015
Source: www.independent.co.uk
‘More than 1,000 former senior police officers are seeking compensation after being forced to retire under the controversial regulation A19.’
BBC News, 10th March 2015
Source: www.bbc.co.uk
‘A middle-aged accountant who said he was forced to dress up as Father Christmas and branded an “old buffer” has won his claim for unfair dismissal.’
BBC News, 6th March 2015
Source: www.bbc.co.uk
‘A group of employees who successfully appealed a tribunal ruling over the interpretation of their contracts cannot recover court fees because their union paid them, the Employment Appeal Tribunal (EAT) has decided.’
Litigation Futures, 4th March 2015
Source: www.litigationfutures.com
‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’
UK Human Rights Blog, 25th February 2015
Source: www.ukhumanrightsblog.com
‘Those responsible for employment decisions in firms and businesses with multiple office locations will have been relieved that the Advocate General recommended a reversal of the Employment Appeal Tribunal’s interpretation of ‘one establishment’ in the Woolworths cases (USDAW v Ethel Austin Ltd (In administration) UKEAT/0547/12/kn[2013] IRL886) when his opinion was handed down on 5 February 2015. However, as the European Court of Justice is not obliged to follow the AG’s opinion, we still have some time to wait for further clarity on this issue.’
The Futures of Law, 19th February 2015
Source: www.blogs.lexisnexis.co.uk
‘An experienced doctor, who has questioned the official explanation for the death of weapons expert David Kelly, was dismissed by text and email while on a family holiday after he blew the whistle about alleged discrepancies in the dispensing of strong painkillers at an army base.’
The Guardian, 30th January 2015
Source: www.guardian.co.uk
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