July/August 2012 #132 – Law Journals

Misconduct: Suspension should not be automatic

The Court of Appeal has criticised employers for suspending employees as soon as a complaint is made, without considering whether this is really justified, write Andrew Granger and Chris Cooper ‘Once an allegation has been made, an employer is under a duty to think twice before suspending the employee concerned.’ A recent Court of Appeal …

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Employment Status: Was lap dancer an employee?

Shah Qureshi and Emma Webster analyse a recent ruling that will make it easier for workers in the entertainment and service sectors to claim that they have employment rights ‘The case concerned a lap dancer at Stringfellows and possibly led to a greater examination of the workings of this particular industry than the tribunal had …

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Disciplinary Procedures: Tide turns on right to a fair hearing

The Court of Appeal has killed off arguments that the European Convention on Human Rights applies to dismissal processes, explains Charlotte Stern ‘The obiter comments in Kulkarni are unlikely to be followed again, signalling an end to the era of the application of Article 6 ECHR in disciplinary proceedings.’ Since the decision in Mattu v …

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TUPE: Revisiting Beckmann and Martin

Joanna Mason and Sinead Clancy assess a recent High Court judgment which considered the extent to which liability to provide early-retirement benefits transfers on a private business sale ‘The general position under TUPE is that rights under an occupational pension scheme do not transfer to the new employer or service provider following a business transfer.’ …

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Service Provision Changes: EAT narrows its approach

A recent ruling means that employees may receive greater protection if they bring a claim based on the transfer of an undertaking rather than a change in service provider, argue Peter Sharp and Jill Turner ‘The correct application of TUPE is first to establish that there has been a service provision change under Reg 3(1)(b) …

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Pay In Lieu Of Notice: Discovery of misconduct after dismissal

David Ashmore considers the impact of a recent Court of Appeal decision on the Boston Deep Sea Fishing principle ‘Cavenagh concerns whether Boston Deep Sea Fishing can come to the aid of an employer defending a debt claim brought by an employee for an unpaid payment in lieu of notice (PILON).’ In defending a claim …

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Employment Law Reform: Beecroft Report: bonkers or blueprint for the future?

Despite the controversy surrounding Adrian Beecroft’s proposals to make it easier to sack under-performing employees, a number of his ideas may yet make it onto the statute books, report Richard Kenyon and Jennifer Platt ‘Beecroft seems to have made his comments without any supporting evidence.’ The publication of the previously leaked Beecroft Report in May …

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Bribery Act: A winning strategy for the Olympics

A year after the UK’s tough new anti-corruption legislation took effect, Beth Hale and David Hamilton examine its effect on offering corporate hospitality ‘The Olympics, with tickets at a premium, could create significant compliance issues, given the Act’s focus on corporate hospitality and gift policies.’ There are no gold medals for guessing which event will …

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