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Employment Law Journal: July/August 2013

Catrina Smith and Kennedy Masterton-Smith consider UK and EU proposals to curb pay in the financial sector

There is a widely held perception that the global economic crisis was, at least partly, the result of bankers receiving large bonuses incentivising them to take excessive and imprudent risks. While the causes of the financial crisis are many and complex, pressure has been put on governments and regulatory bodies to take steps to curb what were regarded as being inappropriate remuneration structures within banks and more broadly.

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Sarah Ozanne examines two recent cases on employers’ obligations to inform and consult in redundancy and TUPE situations

The issue of collective consultation obligations when carrying out redundancies, business transfers or service provision changes seems never far from the news. In April, the timeframe for collective redundancy consultation where more than 100 redundancies are proposed was reduced from 90 to 45 days. And, more recently, an Employment Appeal Tribunal (EAT) decision seems to have fundamentally changed the definition of what constitutes an establishment for the purposes of collective consultation (although the written judgment on this case, USDAW v WW Realisation Ltd (In Administration), is still awaited).

Dechert LLP

Charles Wynn-Evans reviews the new edition of Monaghan on Equality Law

Benedict Gorner and Clare Gregory summarise the employment law provisions contained in the Enterprise and Regulatory Reform Act 2013

Employment legislation has rarely been out of the media spotlight recently, as the coalition government has moved ahead with its reforms aimed at slashing red tape and reducing the regulatory burden on business. The Enterprise and Regulatory Reform Act 2013 (the Act), which received Royal Assent in April, forms the centrepiece of this drive. Although by no means exclusively concerned with employment regulation, it does herald the biggest shake-up of employment laws for a generation.

The Court of Appeal has recently ruled on whether a verbal promise made at a staff meeting can be contractually binding, explain Ruth Bonino and Adam Lambert

The High Court and, more recently, Court of Appeal decisions in the ‘banker bonus’ litigation stemming out of the merger between Commerzbank and Dresdner in 2008 (Dresdner Kleinwort Ltd v Attrill [2013]) have received extensive media coverage. The decisions concern the question of whether verbal promises made to staff amounted to contractual obligations, so they provide important lessons for any business which makes verbal commitments to its employees.

In its second ruling on the point in two months, the EAT has decided that post-termination victimisation remains unlawful after all, reports Hannah White

In Onu v Akwiwu [2013], the Employment Appeal Tribunal (EAT) reached a decision that contrasts with its earlier ruling in Rowstock Ltd v Jessemey [2013] when considering whether the Equality Act 2010 provides a remedy for post-employment victimisation. This article considers the apparent position under the Equality Act following the turnaround in Onu, and contrasts it with the position under the pre-Equality Act legislation.

The EAT has revisited the vexed question of whether the Acas Code of Practice applies to dismissals for ‘some other substantial reason’, write Sarah Lamont and James Gutteridge

Since the entirely unlamented demise of the statutory disciplinary and grievance procedures back in 2009, employers have been required to follow the Acas Code of Practice (the Code) when dismissing for misconduct or capability. Many employment practitioners hoped that the new regime was the dawn of a new age of reason and clarity, after the confusion of the statutory procedures.

Emma Williamson looks at why it may not be practical to re-employ a dismissed employee even if this is what they want

This article considers how a breakdown in mutual trust and confidence affects an application for reinstatement or re-engagement in a tribunal case. In the light of recent case law, it also sets out practical tips when dealing with such an application where trust and confidence is an issue.