For some months I have been writing about the problems likely to be encountered in implementing the government’s proposed employee shareholder contracts, apparently a particular favourite of George Osborne. Just last month I referred to criticism from the Law Society and it now turns out that no sooner had Mr Osborne referred in the Budget…
The Advocate General has given his opinion in the case of Alemo-Herron & Ors v Parkwood Leisure Ltd supporting the proposition that employees transferred under TUPE can continue to benefit from “dynamic” collectively agreed terms and conditions post transfer. Next, the DWP has launched a consultation on the amendment of the Transfer of Employment (Pension…
As the Enterprise and Regulatory Reform Bill wends its way through parliament, the government keeps adding miscellaneous bits and bobs to it. Perhaps most noteworthy are the proposals to implement regulation of the Press post-Leveson by inserting amendments which appear entirely out of context, primarily because that is precisely what they are! New employment law…
Where an employee is dismissed for misconduct and there was a live final warning on their disciplinary record which appears, on the evidence, to have been “manifestly inappropriate”, then a tribunal should not just look at whether the employer has taken a reasonable approach to the event triggering dismissal, it must also look back and…
In Lockwood -v- Department of Work and Pensions and The Cabinet Office, the Employment Appeal Tribunal (EAT) has endorsed the legitimacy of a voluntary redundancy scheme which provided enhanced benefits for older employees. The claimant applied for redundancy at the age of 26, having worked at the DWP since she was 18. She was entitled…
I’ve mentioned pending changes to flexible work requests and flexible parental leave over the last few months and it seems that the details are now finalised. Already implemented are the following: – The right to request flexible work is extended to employed agency workers returning from maternity/paternity leave; – Unpaid parental leave is increased to…
Hill v Governing Body Of Great Tey Primary School is another high profile case which I mentioned briefly last month. Since it concerns disclosure of information and that is such a hot topic at the moment the decision is, I believe, worth further analysis, particularly in terms of the possible application of the European Convention…
If anyone wonders just how expensive and protracted an employment dispute can be the Court of Appeal decision in London Borough of Hackney v Sivanandan is well worth reading. Lord Justice Mummery introduces his judgment as follows: "It is 12 years since this discrimination dispute began. It arose out of two unsuccessful job applications at…
It was difficult to miss the near ubiquitous reporting of the Court of Appeal’s decision in the case of Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions, in which it quashed the Jobseeker’s Allowance (Employment and Enterprise) Regulations 2011 SI 2011/917. Contrary to the impression given by…