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11 November 2015 0 Comments Posted in News

Charities must be mindful of minimum wage laws

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A charity which was recently “named and shamed” after it was found to have broken minimum wage laws has said it had fallen foul of a technicality. The Tyne and Wear Riding for the Disabled Association was among the organisations …

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26 October 2015 0 Comments Posted in Employment, Opinion

Royds now offers fixed price employment package

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This fixed price package offers companies assistance in identifying and resolving employment issues as quickly and cost-effectively as possible, with the firm’s solicitors on hand to provide expert legal advice. This is backed up with the option of an insurance …

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16 October 2015 0 Comments Posted in Employment, Opinion

Defining HR’s role in disciplinary situations

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In Ramphal v Department for Transport the EAT looked at the extent to which a dismissing and investigating officer can or should seek guidance or advice from HR and the extent of that guidance or advice.

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TUPE and the long term sick and assignment

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In BT Managed Services Limited v Edwards and another, the EAT looked at the situation where an employee on long term sick was, or could have been, part of an organised grouping of employees transferring under TUPE in a TUPE transfer situation. It held that the definition of an organised grouping, having as its particular purpose the carrying out of the activities transferring, specifically referred to the actual carrying out of these activities. Since someone on long term sick was unable to carry out any activities, by definition they were excluded from being “assigned” to the grouping going forward.

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ECJ – Meaning of “transfer of a business”

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In Ferreira da Silva e Brito and others v Estado Portugues the ECJ considered the situation where a majority shareholder took over the activities of its subsidiary after the subsidiary was wound up and whether this constituted to TUPE transfer.

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Limited company can claim discrimination

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In EAD Solicitors Limited and others v Abrams, the EAT has held that a limited company can bring a claim of direct age discrimination under section 13 of the Equality Act. It held that there was no reason why a company should not be able to complain of discriminatory treatment in circumstances where individuals may complain about discriminatory treatment based on the protected characteristics of another person (associative discrimination).

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TUPE and temporary lay-offs

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In Inex Home Improvements Limited v Hodgkins and others, the EAT held that the temporary cessation of work does not prevent the existence of an organised grouping of resources having, as its principle purpose, the carrying out of activities on behalf of the client immediately prior to a transfer for the purposes of a service provision change under TUPE.

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5 October 2015 0 Comments Posted in Employment, Opinion

Fees paid by Union can be reimbursed

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In Ibarz v University Sheffield the EAT held that it had power under the EAT Rules to order the Respondent to repay the successful Appellant’s fees even where the fees had in fact been paid by the Trade Union. This is contrary to the previous decision by the EAT in Goldwater and Others v Sellafield Limited which held that no reimbursement order may be made where the fees are payable by a third party on the Appellant’s behalf. In the current case, the EAT considered this decision was wrong. There are now therefore now have two contrasting EAT decisions on this matter.

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Dismissal for social media misuse

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In British Waterways Board v Smith the EAT overturned a Tribunal decision that a dismissal was unfair where the individual was dismissed for gross misconduct for comments on Facebook.

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Challenge against Tribunal fees dismissed

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InThe Court of Appeal has rejected Unison’s challenge to the introduction of Employment Tribunal and EAT fees in R (on the application of Unison) v Lord Chancellor (Equality and Human Rights Commission intervening). Lord Justice Underhill commented that the decline in claims due to fees needed more evidence than that it was just the affordability of fees causing this and not simply a drop in numbers. He also held that the availability of remission meant that the fee system was not unaffordable so that there was no remedy under European Union law. The arguments about indirect discrimination and public sector equality duty were also dismissed.

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Scope of agency workers regulations

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In Coles v Ministry of Defence the EAT has upheld a Tribunal decision that the scope of regulation 13 of the Agency Workers Regulations 2010 is restricted to giving agency workers the right to be informed of vacancies within the company where they are working, but does not extend to offering them equal status to permanent employees in being considered for a vacancy.

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Zero hours worker received £19,500 for injury to feelings.

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In a first instance decision in the Leeds Employment Tribunal, Southern v Britannia Hotels Limited and Another a Claimant has been awarded the sum of £19,500 for injury to feelings. The Claimant was a waitress who worked in one of the Respondent’s hotels under a zero hours contract. She was a 22 year old with a history of mental health problems, of which the Respondent was aware. She claimed that she had been subjected to serious sexual harassment by her line manager, and complained about it to another line manager who told her to lodge a written complaint but did nothing more. She did not want to make a fuss because she was concerned that her shifts would be reduced if she did; but the harassment became sufficiently serious for her to go off sick with stress. She eventually lodged a formal grievance, the outcome of which was that some of the individual’s behaviour was deemed to be inappropriate but no disciplinary action was taken against him.

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