never on Sunday…well, maybe

Can a Christian care worker be required to work on Sundays? In February 2012 I reported the employment tribunal decision in the case of Celestine Mba v Merton Council. The decision went against Ms Mba and she was clearly aghast at what she regarded as intolerance against her own faith in what she considered to…

new employment with the same employer or continuous employment throughout?

Welton v Deluxe Retail (t/a Madhouse) is a case concerning continuity of employment for the purposes of calculating qualifying service for statutory employment rights. Under these provisions, any week when the employee’s relations with his or her employer are “governed by a contract of employment” will count towards continuous employment. The case came about after…

settling TUPE claims

Two recent cases have considered the effect of compromise agreements in TUPE cases where claims are made against more than one employer. In Optimum Group Services Plc v Muir the Employment Appeal Tribunal looked at the situation in which an employee with a claim arising out of a TUPE transfer reached a settlement with one…

when training schemes don’t add up

The Court of Appeal has considered the correct interpretation of provisions of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 which exclude work under certain training and work experience schemes from the calculation of the period of successive fixed terms. The Regulations provide that once an employee has worked for four years on…

short term and one off service provision changes

Liddell’s Coaches v Cook is another case involving a contract to bus children from one place to another (see also Redfearn -v- UK). In this case the legal issue concerned the exclusion of service provision changes “other than in connection with a single specific event or task of short-term duration” from TUPE. When East Ayrshire…