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Simon Fenton discusses the latest in a line of cases on employers’ duty to protect workers from mental injury ‘Warning signs from employees will play a fundamental role in establishing liability because once the employer is on notice of the adverse effects of stress, the consequences are more foreseeable.’ If someone wants to claim personal …
Continue reading "Occupational Stress: High Court takes robust approach to foreseeability"
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The EAT has explored whether an employee who objected to a transfer could bring a claim against the transferee under the Equality Act even though she was never employed by it, explains Jeffrey Jupp ‘At common law, an employee cannot be forced to work for someone else (Nokes v Doncaster Amalgamated Quarries Ltd). TUPE allows …
Continue reading "TUPE: Discrimination claims after objecting to a transfer"
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A series of recent decisions has widened the definition of ‘client’ for the purposes of claims under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), reports Gwynneth Tan ‘Jinks, Horizon and Ottimo all illustrate the scope for a wider interpretation of “client” in the context of a service provision change.’ The Employment Appeal …
Continue reading "Service Provision Changes: What protection for subcontractor employees?"
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Charles Wynn-Evans reviews two important recent authorities on whether compensation for unlawful discrimination can be paid tax free ‘Clarifying the basis for, and the nature of, a payment to be made to an employee to settle their claims can be crucial in determining the proper tax treatment to be applied.’The correct tax treatment of a …
Continue reading "Tax: ITEPA and discrimination payments"
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Juliette Graham summarises the employment aspects of the final recommendations made by the Fair and Effective Markets Review ‘The structure of remuneration and whether it incentivises individuals to take excessive risk has been a key issue for regulators since the G20 met in the aftermath of the financial crisis.’ The ‘age of irresponsibility is over’, …
Continue reading "Financial Sector: Ending the age of irresponsibility"
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The decision in the long-running Woolworths case is good news for multi-site employers looking to restructure, writes Lydia Christie ‘In a decision given on 30 April, the ECJ has now gone back to the employment tribunal’s view that establishment means the entity where the workers are assigned to carry out their duties.’In a return to …
Continue reading "Collective Redundancies: ECJ restores established meaning of ‘establishment’"
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Christopher Tutton welcomes a new decision enabling tribunals to exclude evidence from discrimination cases if it is of only marginal relevance ‘Tribunals should be more inclined to exclude peripheral evidence, which they may previously have allowed due to a trivial link to the matters in contention, and focus more on the core issues.’The Court of …
Continue reading "Discrimination: Court of Appeal gives guidance on admitting background evidence"
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An employment tribunal has recently determined that it is necessary to add words into the Working Time Regulations 1998 to resolve a conflict over holiday pay in EU and domestic law. Rebecca McGuirk discusses the case ‘The ECJ held that as the commission was intrinsically linked to the performance of tasks that Mr Lock was …
Continue reading "Working Time Regulations: Calculating holiday pay after Lock"
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When should employers involve third-party organisations in workplace issues, ask Gwynneth Tan and Alex Newborough ‘There is no general duty under the UK criminal law regime to report criminal conduct. This means that employers will not automatically commit an offence by omitting to inform the police that an employee has, for example, stolen from the …
Continue reading "Employee Misconduct: To report or not to report?"
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David von Hagen reviews a recent case interpreting the amendments made two years ago to the law on public interest disclosures ‘It would seem that the primary aim of the public interest test was to reverse Sodexho and prevent whistleblowing claims that relied on a breach of a legal obligation that only applied to the …
Continue reading "Whistleblowing: EAT rules on the public interest test"
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