Blog archive

Two recent decisions of the Employment Appeal Tribunal provide examples of how to calculate unfair dismissal compensation where there is a chance that the claimant could still have been dismissed even if the employer had adopted a fair procedure...

The Employment Appeal Tribunal has ruled today that employers must now include most types of overtime when calculating holiday pay under the Working Time Regulations for salaried workers...

One common myth is that for an employee to “TUPE transfer” he/she must spend more than 50% of their working time on the transferring business or outsourced activity...

The First-tier Tax Tribunal has decided that an employee was not liable for his employer's PAYE under-deduction because his employer did not take reasonable care to comply with the PAYE regulations...

The High Court has ruled in favour of the employer of a precious metals derivatives trader who refused to accept his immediate resignation and declined to pay him unless he reported for work...

Regulation 13 of TUPE requires that both transferor and transferee must inform and, if necessary, consult appropriate representatives of its own employees affected by the transfer in advance of the transfer date...

The EAT has recently explored what happens when an appeal against a non TUPE-related dismissal is outstanding at the date of the relevant transfer. The following points emerge from Bangura v Southern Cross Healthcare...

Where there is a relevant transfer under TUPE, a transferor is obliged to inform and, in certain circumstances, consult with appropriate representatives of “affected employees”.  Failure to do so can result in claims for protective award of up to 13 weeks pay per affected employee... 

In Liddell's Coaches v Cook, the EAT has explored how you assess whether TUPE applies to contracts of short-term duration...

It was widely assumed that the Packman decision had cleared up any remaining uncertainty about whether imposing a reduction in hours could give rise to an obligation to make a statutory redundancy payment...

Ignorance is rarely a good thing, but it does have compensations when defending claims for failure to make reasonable adjustments. Wilcox v Birmingham CAB was about a debt adviser who suffered from agoraphobia...

Equal pay remains very much in the news with key developments in case law; the Equality and Human Rights Commission's triennial report; the introduction of the Equality Act 2010 and the release of the British film "Made in Dagenham"...