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TUPE service provision change: employees’ contracts can be split between transferees
...Employment Appeal Tribunal, arguing that the ECJ decision should also apply to transfers under TUPE’s service provision change provisions. Employment Appeal Tribunal rules employment contracts can ...
Flexible Working: Right to Request Extended to All
...employment tribunals considering complaints. The key points are to: discuss the request with the employee as soon as possible and in private; allow the employee to be accompanied at the discussion a...
Gender Pay Gap Consultation this Summer
Gender Pay Gap Consultation this Summer The Government intends to introduce legislation that will require employers with 250 or more employee to publish information about the gender pay gap in their o...
Ill-health dismissals: Fairness and Disability Discrimination
...employment tribunals must always consider whether the employer could be expected to wait any longer before dismissing. Speedread An employment tribunal had been wrong to rule that an employee’s dism...
Job retention scheme: welcome clarifications as HMRC updates guidance again
Job retention scheme: welcome clarifications as HMRC updates guidance again HMRC has updated its coronavirus job retention scheme guidance for employers again. The latest key changes include sections ...
Why employers need to provide regular and effective equality and anti-harassment training
...employment tribunal claim complaining of race discrimination and racial harassment. The tribunal found that Mr Pearson had regularly made racial comments to Mr Gehlen throughout his employment. It als...
Karen Holden
...employment law and related issues. With a career starting in the employment team at Shoosmiths, where she trained and qualified, Karen subsequently joined Doyle Clayton’s Reading Employment team in 20...
Employee Sacked for Gross Misconduct Wins Disability Discrimination Claim
...employment tribunal indicated there was a link and the employment tribunal had been entitled to take this into account when deciding that his disability was a cause of his misconduct. The tribunal h...
Pimlico Plumbers lose holiday pay appeal
...employment status went all the way to the Supreme Court which upheld the employment tribunal decision that he was a worker. However, both the Employment Tribunal and Employment Appeal rejected his cla...
Employer liable to pay income protection payments not covered by insurance policy
...employment tribunal claim for unlawful deduction from wages. The employment tribunal ruled that he was contractually entitled to the escalator and upheld his claim. The Employment Appeal Tribunal dism...
TUPE: Employee Representatives
TUPE: Employee Representatives In Hickling (t/a Imperial Day Nursery) and others v Marshall, Ms Marshall was employed by the nursery from September 2007 until February 2009. On 1 January 2009 the nurs...
Team moves: The intention of the employer can be relevant for constructive dismissal cases
Team moves: The intention of the employer can be relevant for constructive dismissal cases In Tullet Prebon PLC and Others v BGC Brokers LP and Others, the Court of Appeal has confirmed that the inte...
Discrimination: Directors can be joint and severally liable
Discrimination: Directors can be joint and severally liable In Bungay and another v Sanini and others, the EAT found that two Board members were acting as agents of the Claimant’s employer and were h...
BIS Publishes Policy on National Minimum Wage Enforcement
BIS Publishes Policy on National Minimum Wage Enforcement BIS has published its updated policy on enforcing the national minimum wage, including prosecutions and naming and shaming employers who brea...
Zero Hours Contracts: Government Outlines Proposals for Reform
...Employment Bill introduced into Parliament on 25 June 2014 and follow an earlier consultation.
Brexit Secretary questioned about employment law intentions
...employment law include whether the Government will: guarantee that all existing employment rights underpinned by EU law, including rights derived from case law, will be retained for the long-term and...
Job retention scheme extended until 30 April 2021 on current terms
Job retention scheme extended until 30 April 2021 on current terms The Chancellor has confirmed that the coronavirus job retention scheme will be extended until 30 April 2021. In welcome news for empl...
Doyle Clayton staff promotions 2024
...employment law and related HR issues. Her specialisms include dealing with complex investigations and employment litigation involving TUPE transfers, whistleblowing and unlawful discrimination, with a...
Disability Discrimination: Reasonable Adjustments Guidance
Disability Discrimination: Reasonable Adjustments Guidance In Secretary of State for Work & Pensions v Wakefield, the EAT has confirmed the test, as set out in the case of Environment Agency v Ro...
Summary dismissal fair where no single act of gross misconduct
...employment tribunal ruled that the dismissal was fair. The employer had a fair reason for dismissal and had followed a fair procedure. The majority of the employment tribunal considered th...