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2 December 2015 0 Comments Posted in Employment, Opinion

Sleeping time

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Yet another case has been decided on what constitutes working time for the purposes of the National Minimum Wage where someone is on night duty.

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“Public interest” test in whistleblowing already being eroded

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In Underwood v Wincanton Plc the EAT has considered the circumstances in which a public interest disclosure satisfies the public interest test introduced in 2013 by section 43B of the Employment Rights Act. The purpose of introducing the public interest test was to move away from incidences of employees or workers successfully claiming that breaches of their own employment contract, which was something specific to them, was a breach of a legal obligation and thus passing the protected disclosure test. After the EAT’s recent decision in Chesterton Global Limited and another v Nurmohamed (which is itself being appealed to the Court of Appeal) it appears this test is being ever more swiftly dumbed down.

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Collective redundancy consultation rules apply to closure of US Military base

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In a case which has been running for many years, USA v Nolan, the Supreme Court has ruled that the collective redundancy consultation obligations under section 188 of TULR(C)A applied to dismissals which resulted from the closure of a US military base in the UK. Although the ECJ has ruled that the EU Collective Redundancies Directive does not apply to workers of public administrative bodies, such as the civilian employees affected in this case, this was no reason to read an exemption into the clear provisions of TULR(C)A.

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Unfavourable treatment and detriment are not the same in disability discrimination

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In Trustees of Swansea University Pension and Assurance Scheme and Anor v Williams the EAT has for the first time examined the meaning of the word, “unfavourably” in section 15 of the Equality Act relating to discrimination arising from disability. This section provides that discrimination arising from disability will occur where one person treats another unfavourably because of “something arising in consequence of [that person’s] disability” and the treatment cannot be shown to be a proportionate means of achieving a legitimate aim.

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Continuous service and time of transfer

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In Services for Education S4E Limited v White and anor the EAT has considered the continuity of employment and the date of a TUPE transfer for the purposes of determining whether the individual was unfairly dismissed contrary to TUPE.

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27 November 2015 0 Comments Posted in Employment, Opinion

Team moves – Court of Appeal

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The case of Willis Limited v Jardine Lloyd Thompson Group Plc is a relatively rare case of a team move situation reaching the Court of Appeal. The appeal was successful.

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Interrelationship between TUPE and the Equality Act

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In NHS Direct NHS Trust v Gunn the EAT has considered the interrelationship between disability discrimination and TUPE. 

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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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