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Last updateTue, 24 Feb 2015 5pm

Employment Law Journal: October 2015

An ECJ ruling means that travelling to and from work may now count as working time, reports Glenn Hayes

The European Court of Justice (ECJ) in Federacion de Servicios Privados v Tyco Integrated Security [2015] has confirmed that travel to and from work does count as working time but only for mobile workers with no fixed or regular workplace. This means that employers of such workers will have to include travel to the first and from the last customer of the day in their calculations of working time, which may have knock-on effects on pay, breaks and maximum working hours.

Uncertainty surrounds the future of the employment tribunal fee regime, writes Diane Nicol

The long-running saga around the introduction of the government’s employment tribunal fee charging regime (the regime) continues despite Unison’s latest, failed attempt to convince the Court of Appeal that its introduction in July 2013 was unlawful. With Unison’s threatened appeal to the Supreme Court against the latest decision, a government review of the regime, a select committee review of court and tribunal fees and the Scottish government’s intention to abolish fees altogether, we remain in uncertain territory.

CMS

Sarah Ozanne examines the vexed question of when the duty to consult in collective redundancy situations arises

Due to the economic downturn, collective redundancy situations have become a regular occurrence. Combined with uncertainty in the law and the sensitivities that accompany redundancies, this has led to cases in this area becoming more prevalent and high profile. This article takes a look at the current state of the case law on whether the UK legislation is consistent with the underlying directive, in particular when the obligation to collectively consult in redundancy situations is triggered.

Following the news that a loophole in the Top Gear presenters’ contracts is enabling them to front a rival show on an online TV service, Alex Newborough looks at how businesses can guard themselves against competition from exiting employees

When Jeremy Clarkson punched a colleague earlier this year, the BBC was forced to think carefully not only about whether to dismiss him but also about how to protect the Top Gear brand against competition from its front man if it did so.

Stuart Jones and Louise Singh discuss the potential impact of the national living wage

As part of the Financial Statement (or ‘Summer Budget’) in July 2015, the Chancellor announced the introduction of a new statutory minimum pay requirement, described as a national living wage (NLW). The NLW will be:

Mark Kaye and Charlie Bowden assess a recent EAT decision on the impact of careless comments by employees on social media

The perils of poor judgement on social media platforms became national news last month, with the publication of a LinkedIn message sent from a male senior partner to a young female barrister. Commenting on her professional photo, the solicitor in question accepted he was being ‘politically incorrect’ in remarking on the barrister’s ‘stunning’ image. But may not have anticipated that his name, and that of his firm, would be dragged through the mud by tabloid and broadsheet press alike – as well as by every online commentator keen to give their two pennies’ worth.

A service provider that inherited an employee on long-term sick leave following a transfer was unable to move him on when it later lost the contract to another provider. Matthew Towers and Emily Skinner investigate

In a recent service provision change decision, the Employment Appeal Tribunal (EAT) has held that an employee on long-term sick leave did not transfer when a contract on which he had previously worked was retendered. The EAT held that employees on permanent sick leave with no prospect of returning to work, but who remain ‘on the books’ merely for administrative or historic purposes, will not be regarded as ‘assigned’ to an organised grouping. This is due to their permanent lack of participation in the transferring activities.

Gowling WLG

Hannah Beacham analyses the government’s proposals to recover and cap public sector exit payments, including the impact on contractors

In the wake of some recent high-profile cases where public sector employees were paid generous termination payments only to be re-employed in the public sector shortly afterwards, the government is introducing two separate sets of measures to rein in such pay-offs.