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Showing 165 results for Contracts
Rest Break Not Interrupted by Attendance at Union Meeting
...contracts or collective agreements which states that time spent on union duties constitutes working time as this could affect whether they are complying with their obligations under the WTR.
Service Provision Change Exception for Tasks of Short Term Duration
Service Provision Change Exception for Tasks of Short Term Duration An employment tribunal may take into account events following a change in service provider, when considering whether a client intend...
Supreme Court rules Pimlico plumber was a worker, not self-employed
Supreme Court rules Pimlico plumber was a worker, not self-employed The Supreme Court has ruled that an employment tribunal was entitled to conclude that a plumber who worked under a contract which de...
Gay head teacher succeeds in unfair dismissal and discrimination claims due to biased disciplinary process
Gay head teacher succeeds in unfair dismissal and discrimination claims due to biased disciplinary process Serious failings and bias throughout the disciplinary process entitled a gay head teacher to ...
Unpaid interns can have rights
Unpaid interns can have rights In Keri Hudson v TPG Web Publishing Limited, Ms Hudson worked as an unpaid intern for TPG, a publishing company. The ET found that she was in fact a “worker” and ther...
TUPE: Services provided after a change in service provision
TUPE: Services provided after a change in service provision Under Regulation 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) a transfer occurs where:“activit...
Employee Who Objected to TUPE Transfer Not Protected Against Discrimination by Transferee
Employee Who Objected to TUPE Transfer Not Protected Against Discrimination by Transferee An employee who objected to the transfer of her employment under TUPE could not bring a discrimination claim a...
Workers Deprived of Rest Breaks Not Entitled to Injury to Feelings Compensation
Workers Deprived of Rest Breaks Not Entitled to Injury to Feelings Compensation The Employment Appeal Tribunal has rejected an employee’s argument that compensation for failing to provide rest breaks...
When are dismissal notices effective?
...contracts. However, that will only work from a contractual viewpoint. It will not assist in cases where an employment tribunal is considering the effective date of termination of an employ...
No TUPE Transfer For Employee on Long Term Sick Leave
No TUPE Transfer For Employee on Long Term Sick Leave An employee on long term sick leave who was not expected to return to work did not transfer to a new service provider under TUPE. Speedread An ...
Part-time workers: zero-hours lecturer could compare himself to full-time permanent lecturer
...contracts are of a different type. Employers should ensure that they do not treat employees employed on zero-hours contracts less favourably than full-time employees where their work is b...
Volunteer Could Not Bring Disability Discrimination Claim
...contracts may be still be able to bring discrimination claims. The decision applies equally to claims under the Equality Act and to all discrimination strands, not just disability.
Termination payments: What does ex-gratia mean?
Termination payments: What does ex-gratia mean? In Publicis Consultants UK Ltd v O’Farrell, the EAT confirmed that an ex-gratia payment did not satisfy the employer’s contractual obligation to pay no...
No Implied Duty to Disclose Allegations of Misconduct
No Implied Duty to Disclose Allegations of Misconduct An employee’s dismissal for failing to disclose allegations of misconduct was unfair. In The Basildon Academies v Amadi, Mr Amadi worked as a tut...
Beware of Obligation to Provide Agency Worker Information
Beware of Obligation to Provide Agency Worker Information An employer has been ordered to pay a protective award of 45 days’ pay for each employee made redundant after it failed to provide information...
Dismissal for Refusing to Comply with Mobility Clause Unfair
...contracts contained a mobility clause which stated that it could require them to work from any other office location in the UK or overseas on a temporary or permanent basis. Kellog decided to close i...
Employers must be pro-active in enabling staff to take holiday, ECJ rules
Employers must be pro-active in enabling staff to take holiday, ECJ rules The European Court of Justice has ruled that a worker who does not ask to take their holiday does not automatically lose it at...
Agency workers: when is a worker supplied temporarily?
Agency workers: when is a worker supplied temporarily? Under the Agency Worker Regulations 2010, agency workers have the right to the same basic working and employment conditions as the end-user’s own...
Pimlico Plumbers lose holiday pay appeal
Pimlico Plumbers lose holiday pay appeal Worker claims for unpaid holiday The Court of Appeal has ruled that a worker could recover compensation for all the unpaid holiday he took throughout his six ...
LLP agreements: can a member terminate if the LLP commits a repudiatory breach?
LLP agreements: can a member terminate if the LLP commits a repudiatory breach? Is an LLP member entitled to terminate the LLP agreement by accepting a repudiatory breach of the LLP agreement committ...