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A recent EAT decision has provided welcome clarity about how to determine when a TUPE transfer took place, explains Jeffrey Jupp ‘A transfer may occur when no employees are working and none of the transferred activities are being carried out.’ The precise date of a business transfer can be an issue of great significance. In …
Continue reading "TUPE: Identifying the date of the transfer"
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Emily Plosker and Rolleen McDonnell analyse a ruling that an employer was bound by a wrongly worded letter about a pay rise ‘Employers should be very careful when making anything that could be considered an offer of increased pay in any context, whether in writing or perhaps even orally.’ The Employment Appeal Tribunal (EAT) has …
Continue reading "Contractual Documents: Written in black and white"
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Stuart Jones examines the risks that employers face if staff take part in campaigns like the ice bucket challenge at work ‘While no one wants to pour cold water on any event which seeks to raise money for charity, employers need to be vigilant to the risks which may arise if these challenges are undertaken …
Continue reading "Ice Bucket Challenge: Avoiding legal slip-ups"
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A recent survey has revealed the impact of business size and employee age on levels of discrimination in the workplace, writes Tina Wisener ‘Employers need to embed a culture of equality into their processes and policies.’ Recent research carried out on behalf of employment solicitors Doyle Clayton reveals the truth of the popular saying ‘small …
Continue reading "Discrimination Survey: Age before beauty?"
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Richie Alder and Anna Scott examine the advocate general’s controversial Opinion in Kaltoft ‘If impairments exist, even if they are caused by obesity, it is their effect which will determine whether or not they amount to a disability.’ Obesity and whether or not it amounts to a disability has been grabbing the headlines recently following …
Continue reading "Discrimination Law: Is obesity a disability?"
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Nicola Bartholomew and Heather Barc consider two recent cases on penalty clauses in the employment context ‘Advisers and employers should discuss what steps the employer might take when owed money by a departing employee… while well-drafted express clauses permitting deductions from salary are useful, they might not be sufficient if the employee is not owed …
Continue reading "Employment Contracts: Parameters of penalty clauses"
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David von Hagen and Louise Lawrence of Winckworth Sherwood discuss recent decisions on restrictive covenants and their implications ‘Employers might feel safer investing substantial sums in injuncting employees who have joined, or who are thinking of joining, the competition.’ A series of recent High Court decisions about the interpretation and enforceability of restrictive covenants and …
Continue reading "Restrictive Covenants: The employer strikes back"
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Nick Jew takes a look at the government’s proposals to tighten up the rules on industrial action ballots ‘If implemented, the proposals would make it very difficult for unions to organise lawful strike action, which would significantly reduce their bargaining power over terms and conditions.’The summer of 2014 may well be remembered as the trigger …
Continue reading "Industrial Action: Striking out the current law"
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Paul Strelitz gives advice on how to help employees suffering from stress and mental illness ‘The important thing for employers is to put policies in place and create an environment that helps to avoid a worsening or prolongation of mental ill health, whatever the exact condition is.’ In 2006 it was estimated that 35% of …
Continue reading "Absenteeism: Managing mental health issues"
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Jillian Naylor and Michal Stein analyse the government’s response to its call for evidence on the whistleblowing regime ‘The government believes that a range of non-statutory steps could effectively meet the aim of increased public interest disclosure, through a favourable cultural change.’ In 2013/14, the employment tribunals received over 2,200 whistleblowing-related claims, with the most …
Continue reading "Whistleblowing: Much ado about nothing?"
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