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What is the practical impact of January’s changes to TUPE, asks Jeffrey Jupp ‘To avoid a service provision change transfer, the activity which forms the service after the transfer must not be fundamentally the same as that before the transfer.’ It is three months since the majority of the changes to the legislation protecting employees’ …
Continue reading "TUPE: Where are we now?"
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Julian Yew and Charlotte Logan discuss employees’ rights in a surrogacy situation ‘The ECJ held that a mother who has had a baby through a surrogate cannot, by definition, be subject to less favourable treatment related to her pregnancy, given that she has not been pregnant with that baby.’ The statutory rights of employees who …
Continue reading "Maternity Rights: Surrogacy – the European and UK position"
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Rachel Farr considers when an employer is liable for the actions of its employees ‘An act might appear unconnected with an employee’s work but, taking the context and circumstances in which it occurred into account, it may be seen as incidental to, and within the scope of, employment.’ An employer is liable for the torts …
Continue reading "Vicarious Liability: Lessons from three recent cases"
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Ongoing uncertainty about employers’ duty to collectively consult staff about redundancies and business transfers means that the law in this area remains complex, warn Jessica Shemmings and Clare Davis ‘The legislation helps clarify the position on collective consultation for redundancy prior to a transfer covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006.’Over …
Continue reading "Collective Consultation: A round up of recent developments"
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Helen Burgess reviews a recent case on whether the termination of a fixed-term contract must inevitably be a redundancy dismissal ‘The union argued that the fixed-term employees were dismissed as redundant and therefore the university should have consulted their representatives about their dismissals as the collective consultation obligations in s188 were triggered.’ In a case …
Continue reading "Fixed-Term Employees: The consultation question"
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Helen Cookson examines a recent Court of Appeal decision on the harmonisation of employees’ terms and conditions after a business transfer ‘The Court of Appeal has confirmed that it will not be possible to harmonise terms and conditions following a transfer if the affected employees are not subject to a restructuring, or other similar process, …
Continue reading "TUPE: An eighties vibe"
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