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Employment Law Journal: June 2013

The Law of TUPE Transfers offers welcome guidance for practitioners on a particularly complex area of employment law, writes Geoffrey Mead

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) have been in force in the UK for a little over 30 years. They may be the only set of regulations that have spawned an unattractive range of verbs, including ‘to TUPE’, ‘TUPEd over’ and, most egregiously, ‘TUPEfied’.

Hannah Cunningham examines the litigation risk faced by employers who wish to turn down candidates or dismiss employees who have brought claims against a former employer

Some employers believe that an individual who has litigated against a former employer is likely to be ‘a trouble maker’, will be difficult to manage and is likely to do the same to them. They are therefore reluctant (rightly or wrongly) to recruit an employee who has brought previous proceedings such as a discrimination claim.

The government’s last-minute concessions have done little to allay concerns about the shares for rights legislation, contends Jennifer Millins

Despite substantial opposition in response to the government’s consultation at the end of 2012, and despite the battering sustained by the proposals as they ‘ping-ponged’ through parliament earlier this year, the amended shares for rights provisions have now been approved.

Catrin Llewellyn and David Speakman discuss how effective the introduction of employment tribunal fees and new procedural rules will be in preventing vexatious claims

If, like us, you have been enjoying the new series of The Apprentice, perhaps you too have cast your mind back to April this year, when the excitement of the television series was eclipsed by the drama in the East London Employment Tribunal. Stella English, a former winner of the show, brought constructive dismissal and whistleblowing claims against Amshold Group Ltd, the technology group owned by Lord Sugar.

Luke Blackburn weighs up the pros and cons of a controversial method for employers to cope with peaks and troughs in demand for labour

With the recession putting even the most efficient businesses under pressure, the use of zero-hours contracts is on the rise. They are lawful, although the Labour party is considering reviewing this if it wins the next General Election. The benefits they bring to employers are considerable, but employees and their representatives should be wary to avoid the sort of worker exploitation last seen a century or more ago.

During any investigation by the authorities, an employer may face a conflict between its duties to the regulator and to its employees, warn Stephen Ravenscroft and Helen Joseph

Employers operating in today’s heightened regulatory environment may find themselves the subject of a regulatory investigation, whether arising from their own acts or omissions or those of individual employees.

Dechert LLP

Charles Wynn-Evans reports on some new decisions on employment tribunal procedure

There has been plenty of coverage of the new employment tribunal procedure rules being introduced this summer. However, this article reports on various recent cases on tribunal procedure under the existing rules, addressing a variety of issues that will remain relevant after the introduction of the new rules.

Following recent findings that one in seven women on maternity leave do not have a job to go back to, Harriet Bowtell considers the rise in the number of maternity-leavers being made redundant

Many employment law practitioners have seen a recent rise in pregnancy and maternity discrimination, particularly when connected with redundancy. This experience was supported by the findings of research commissioned by Slater & Gordon earlier this year into the experience of new mothers returning to work. The headline finding was that one in seven women did not have a job to go back to. Another key finding was that of the 40% of women who said that they returned to a changed position, almost half felt that the job they returned to was somehow worse than the job they had left. More than a quarter of these women had had their request for flexible working arrangements refused.