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Charles Wynn-Evans rounds up recent case law on service provision changes and other thorny TUPE issues ‘There can be a service provision change where activities are conducted by just one employee. However, the connected issues of the principal purpose of the organised grouping and whether the employee is assigned to that organised grouping can cause …
Continue reading "TUPE: Never a dull moment?"
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Clare Sample and Francesca Hodgson give advice on how employers should respond to new drug driving legislation ‘Acas advises that being convicted of a criminal offence is not normally in itself a reason for disciplinary action.’New drug driving legislation came into force on 2 March 2015. The Drug Driving (Specified Limits) (England and Wales) Regulations …
Continue reading "Health And Safety: Keeping up to speed with drug driving laws"
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Tom Kerr-Williams looks at the main parties’ pledges on pay, industrial relations and other employment law issues ‘The three main political parties are still finalising their manifestos, but a number of key policies have been published already as the leaders embark on their televised debates. This article summarises the key policies of interest to employment …
Continue reading "Employment Policies: The parties’ general election promises"
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With immigration set to be a huge focus in this year’s general election, Sarah Lovell examines what the coalition government has done to try and tackle rising numbers of migrants and what the main parties propose to change after the election ‘The majority of other proposals from all the parties to curb immigration relate to …
Continue reading "Immigration: A key election battleground"
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The EAT has recently considered whether an employee was protected from discrimination on the grounds of his socialist beliefs. Rebecca McGuirk analyses the case ‘Religion or belief is one of the “nine protected characteristics” covered by the Equality Act. Where possible, in the employment context, the Equality Act takes a consistent approach across the nine …
Continue reading "Equality Act: The extent of protection for political beliefs"
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Ed Bowyer and Jo Broadbent provide answers to some of the more difficult queries being raised about the new SPL system ‘If tribunals continue to accept that the purpose of maternity leave is not simply to care for a child, the prospects of a successful direct discrimination claim remain slim.’ Most employers and their advisers …
Continue reading "Shared Parental Leave: Tackling the tricky issues"
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Tom Kerr-Williams asks whether the UK has too much labour market regulation, too little or whether it is just about right ‘It is very difficult to perform an international comparison of regulation and to reach a conclusion about whether the UK would benefit from more or less.’ Benjamin Disraeli is commonly believed to have said: …
Continue reading "Employment Regulation: How much is enough?"
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Chris Tutton analyses the advocate general’s opinion in the Woolworths case ‘Businesses need to know where they stand and this situation is wholly unsatisfactory, not least because the risk of getting the process wrong can expose them to protective awards running into hundreds of thousands of pounds.’ In 2013, an Employment Appeal Tribunal (EAT) decision …
Continue reading "Collective Redundancy: Hope for employers"
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In light of recent case law, Stephanie Creed considers ways to minimise the risk of reputational damage to organisations from comments posted online by employees ‘Employees often fall into the trap of thinking that, when tweeting from a personal account and not mentioning their employer, those tweets are outside the scope of their employment obligations. …
Continue reading "Social Media: Twitter trouble"
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As mobile working grows in popularity, it is not always easy to say where an employee is based, which can cause difficulties on dismissal, explains Julian Yew ‘Where there is a change to an employee’s “base”, this should be clearly documented so that any potential “place of work” redundancies contemplated by employers due to changes …
Continue reading "Redundancy: Establishing a place of work"
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