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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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Benedict Gorner and Clare Gregory summarise the employment law provisions contained in the Enterprise and Regulatory Reform Act 2013 ‘Prudent employers are likely to continue to take steps to prevent third-party harassment, both to avoid potential liability and to maintain good employee relations.’ Employment legislation has rarely been out of the media spotlight recently, as …
Continue reading "Employment Law Reform: Shake it up"
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Catrina Smith and Kennedy Masterton-Smith consider UK and EU proposals to curb pay in the financial sector ‘There is some unease about the practical effect of limiting variable pay. Some institutions may resort to increasing base salaries, but there is a concern in the market about the sustainability and impact of this change.’ There is …
Continue reading "Executive Remuneration: Bonuses go in one direction"
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The Court of Appeal has recently ruled on whether a verbal promise made at a staff meeting can be contractually binding, explain Ruth Bonino and Adam Lambert ‘The decisions concern the question of whether verbal promises made to staff amounted to contractual obligations, so they provide important lessons for any business which makes verbal commitments …
Continue reading "Bonus Payments: My word is my bond"
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