Marianne Tutin examines how claims for sexual harassment can be brought in the civil courts, particularly if limitation is an issue for employment tribunal proceedings ‘For the purposes of the Equality Act 2010, anything done by an employee in the course of their employment is treated as having also been done by the employer.’ Since …
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Wills & Trusts Law Reports | June 2016 #160In 2008, the appellant (A) was employed by Bear Stearns in the risk arbitrage unit before and during the period that it was acquired by JP Morgan. A received an offer from JP Morgan to continue to work in his role at the bank, which he accepted. But ultimately in September 2008, he took up a role with Goldman Sachs instead along with other members of his team at Bear Stearns. On leaving Goldman Sachs in 2010, A received a termination payment of £627,965 which he reported in his tax return.
A claimed foreign service relief on the termination payment. The ‘foreign service’ related t...
John Houlden and Adrian Martin consider the handling of TUPE in procurement documents ‘With employees and trade unions increasingly prepared to challenge deficient TUPE consultations, it is something which businesses can ill afford to ignore.’A bid team treads a delicate line when it seeks to present a confident and apparently certain solution to a purchaser’s …
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Karen McGill and Robin Fallas report on procurement and the living wage post-Dortmund ‘A number of contracting authorities across the UK have sought to achieve payment of a living wage in public contracts without making payment of the living wage a mandatory requirement.’There has, in recent years, been an increased focus on the extent to …
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David Sawtell examines liability for third parties in contracts for services Relying on this case, it will be easier for claimants to argue that a parent company should be liable for the acts or omissions of its subsidiary.A company usually accepts that it owes a duty of care to its own employees, and that it …
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Anna McCaffrey and Neil Maclean examine the relationship between TUPE and outsourcing ‘TUPE now expressly covers outsourcing arrangements and goes beyond what was required to implement the revised Directive 2001/23 EC. Thus, unusually, the protections enjoyed by employees in the UK are more extensive than those enjoyed by employees in most of the rest of …
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