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The ECJ has finally put an end to uncertainty about whether transferred employees can benefit from ongoing changes to historic collective agreements, write Emma Burrows and Anna Scott ‘The decisions in Whent and Werhof created a conflict which has led to uncertainty over how far the provisions of collective agreements transfer and bind a transferee.’ …
Continue reading "TUPE: Ensuring ‘a fair balance’"
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Peter Frost examines the impact on employment lawyers of the latest attempt to make civil litigation cheaper The Jackson reforms make a number of radical changes to the way cases are to be conducted in the High Court and any practitioner who is not au fait with these changes runs a real risk that they …
Continue reading "Jackson Reforms: If at first you don’t succeed"
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Dominic Holmes explores issues facing employers who wish to require employees to stay away from work ‘The right to work is not unqualified or irrefutable. If the employee’s conduct is serious enough to exhibit a lack of readiness and willingness to do the work, the employer can require them to stay away from work.’ Most …
Continue reading "Contract Terms: When does an employee have a ‘right to work’?"
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A recent case brought by a dismissed golf club secretary has reaffirmed how difficult it is to argue that a tribunal’s ruling was perverse, explains Declan Bradley ‘ Fish reinforces the point that employers should be able to push through their business plans with the confidence that problem employees cannot hide behind their indiscretions to …
Continue reading "Redundancy: EAT’s decision was par for the course"
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Rebecca McGuirk discusses whether government funding schemes designed to encourage young people into work are unfair to people in other age brackets ‘If the government was challenged over its apprenticeship funding, then presumably it would argue that there was a social policy, namely encouraging young people into work, to justify any alleged age discrimination, and …
Continue reading "Equality Act: Are apprenticeships discriminatory on the grounds of age?"
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Anthony Sakrouge contemplates the sometimes fine line between workplace bullying and robust performance management ‘Millions of working days are lost every year to work-related depression and countless hours of management time spent dealing with bullying allegations, not to mention the legal costs and reputational risk.’ In a recent survey carried out by the Unison trade …
Continue reading "Workplace Bullying: Understanding the grey areas"
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Following a string of high-profile scandals, interest in whistleblowing looks set to remain high, suggests Fudia Smartt ‘The common belief among workers that there are more risks than benefits in blowing the whistle has led to discussion about whether the UK needs to reward whistleblowers financially.’ On 2 July 1999, the Public Interest Disclosure Act …
Continue reading "Public Interest Disclosure: Reforms take effect but spotlight stays on whistleblowing"
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Charles Wynn-Evans reviews the new edition of Monaghan on Equality Law Monaghan on Equality Law Karon Monaghan 2nd ed, 2013, Oxford University Press £145 ISBN 978 0 19 960323 7 The Equality Act 2010 (the Act) was intended not only to reform and restate domestic anti-discrimination legislation but also to harmonise and, as the White …
Continue reading "Book Review: Equality law past and present"
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In its second ruling on the point in two months, the EAT has decided that post-termination victimisation remains unlawful after all, reports Hannah White ‘The EAT took further courage in its conclusion from the fact that, according to the ECJ in Coote, the UK is obliged under European law to provide protection from victimisation, including …
Continue reading "Victimisation: Back to square one"
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The EAT has revisited the vexed question of whether the Acas Code of Practice applies to dismissals for ‘some other substantial reason’, write Sarah Lamont and James Gutteridge ‘The question of whether a dismissal is caught by the Code is significant when an employment tribunal makes a finding of unfair dismissal and then turns its …
Continue reading "Discipline And Grievance: A substantial issue"
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