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Employment Law Journal: November 2016

Lauren Pullen-Stanley discusses the potential impact of the first tribunal decision to consider the pay given to men and women on shared parental leave

There was a flurry of excitement among employment lawyers following last month’s news that a father had won his sex discrimination claim against his employer in a case involving shared parental leave. Based on general press coverage of Snell v Network Rail [2016], it seemed that an employment tribunal in Scotland had given the first judgment which could be of use to employers and their advisers when considering whether to enhance shared parental leave pay. However, not all was as it first seemed.

Jo Broadbent examines two recent decisions on whether the UK courts had jurisdiction to hear claims involving employees based abroad

Two interesting decisions on jurisdiction enlivened (at least from an employment lawyer’s perspective) an otherwise quiet August. The first, from the Employment Appeal Tribunal (EAT), highlights the importance of governing law when an expatriate employee is seeking to establish a tribunal’s jurisdiction to hear statutory employment claims. The other decision, from the Court of Appeal, treads slightly less familiar ground, assessing whether companies (including employing companies) could take action in the English courts against employees domiciled in Switzerland, or whether Lugano Convention protections for employees were engaged.

Dechert LLP

Charles Wynn-Evans reviews some recent TUPE developments

There has been much speculation about the fate of the UK’s employment legislation following the EU referendum – and that speculation naturally extends to the transfer of undertakings legislation. For now, however, those who may fall within the scope of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) continue to test out the boundaries of the law. This article reports on some recent decisions, as well as briefly considering what might happen to TUPE post-Brexit.

Gowling WLG

Shop workers who wish to opt out of working on Sundays are to get stronger legal protection, explains Connie Cliff

Back in March, government plans to give local authorities the power to alter Sunday trading rules were defeated by an unlikely alliance of Labour, the SNP and Conservative backbenchers. But not all of the proposed changes to Sunday trading laws contained in the Enterprise Act 2016 fell by the wayside.

Bradley Houlston rounds up recent case law and developments affecting employers and their advisers

Three new decisions have shed further light on the impact of different types of leave on holiday pay, reports Tara Grossman

Although holiday pay forms a relatively low percentage of a worker’s overall annual pay, the complexity in this area and plethora of EU and domestic case law is keeping HR professionals and employment lawyers very busy. Busy enough that we all deserve a holiday. The questions that this area of law raises seem to be endless – how is holiday pay calculated and should commission and overtime be included? What about guaranteed, non-guaranteed and voluntary overtime? Does a worker’s entitlement to holiday pay continue to accrue during sick leave and other types of leave (garden leave, sabbaticals, career breaks)? Can workers carry over holiday if they are unable to take it in the current year due to sickness? These issues do not tend to be raised as an everyday matter but as part of a wider dispute with an employee (for example one on long-term sickness absence) or with a union.

Agency staff can be both employees and workers at the same time for the purposes of the whistleblowing legislation, writes Christopher Tutton

On 21 July 2016, the Employment Appeal Tribunal (EAT) confirmed when an agency worker will have a right to bring a whistleblowing claim against not only the agency that employs them but the company to which they are supplied (the end user).

Charlie Barnes considers ways for employers to circumvent non-compete covenants when recruiting employees from a rival business

In today’s global economy, competition between employers to recruit the most talented people is growing. The meteoric rise of social media sites such as LinkedIn has made it easier than ever before for businesses to scout for new personnel.