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Terms and Conditions of Employment - TUPE Amendment Regulations

Meredith Hurst Friday, November 8, 2013

The new draft TUPE amendment regulations have been published on 6 November. These implement wide-reaching changes in response to consultation published in September. The most noteable change is the introduction of pre-transfer consultation and changes to terms of employment on relocation. The draft regulations are expected to come in to force in January 2014. Read more about the about the changes.

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‘Tis the season to be jolly

Meredith Hurst Monday, October 14, 2013

In the headlines this week is the case of Dave Sloan, a popular chauffeur of Liverpool FC who is taking the club to an employment tribunal hearing on Wednesday.  Mr Sloan lost his job at the club following an allegedly serious altercation with senior club staff at a Christmas function last year, although he says he lost his job after blowing the whistle at alleged club malpractice. No doubt the full details will come out over the next week or so, but it got us at Thomas Mansfield thinking...

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Ignorance is a defence?

Meredith Hurst Friday, September 20, 2013

Docherty and another Ignorance is a defence? InDocherty & Another v S W Global Resourcing Ltd,the Scottish Court of Appeal (the Court of Session) considered whether, given an employer's ignorance of the legal effect of its actions, the dismissal of employees had been fair. There are five potentially fair reasons for dismissal: conduct, capability, redundancy, breach of a statutory restriction andsome other substantial reason (SOSR) of a kind as to justify the dismissal of an employee...

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Employee Shareholders - any takers? Not likely

Meredith Hurst Friday, September 20, 2013

This month saw the introduction of a new type of employee, an 'employee shareholder'.  An employee shareholder receives at least £2,000 worth of company shares in the employer company in return for giving up employment rights.  The grant of the shares may attract tax benefits.  The employee shareholder status only applies if the following procedure has been followed: The individual and the employer must both agree that the individual will be an employee shareholder. The...

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Employer's impartial grievance appeal process - Case

Meredith Hurst Friday, September 20, 2013

Constructive Dismissal: Failure to Provide Impartial Grievance Appeal Process Blackburn v Aldi Stores Ltd The Employment Appeal Tribunal (EAT) has held that an employer's failure to consider an employee's appeal impartially, could amount to a breach of the implied term of trust and confidence.  The Employment Rights Act 1996 provides that dismissal can occur where the contract is terminated by the employer or, by the employee, in response to the employer's conduct.  The second...

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