Welcome to the Canter Levin & Berg Employment Solutions Blog

civil partners denied hotel accommodation – not as clear cut a case as you might think

This long running case (Bull & Anor v Hall & Anotherr) hit the headlines this month when the Supreme Court gave its judgment on whether it was unlawful discrimination for Christian hotel owners to refuse a double room to civil partners, under a stated policy that they would only provide double beds to heterosexual married…

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does anyone, including judges, know the correct approach to ETO dismissals and administrations?

In March 2011 I commented on the uneasy interplay between insolvency law and employment law. At that time the question was whether highly contentious “pre-pack” administrations provided an opportunity to dispense with a workforce as well as most of the company’s debts by using a TUPE exemption. Oakland v Wellswood (2008) appeared to allow administrators…

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TUPE changes

Draft regulations for the forthcoming TUPE reforms have been published. The changes they are intended to make are: – To allow a transferee to start collective consultation with representatives of employees due to be transferred about planned redundancies before the transfer takes place, if the transferor agrees. This will require a good deal of co-operation…

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is a zero hours contract one of employment or self-employment?

News about zero hours contracts continues unabated. After I reported last month that the Chartered Institute of Personnel and Development had conducted research suggesting that many people are happy with zero hours contracts, Vince Cable has performed the sort of volte face that seems to come easily to politicians by announcing that the crackdown on…

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DAS finally forced to face up to fair legal expenses insurance

European Community Directive 87/344/EC on legal expenses insurance gives policyholders the right to a free choice of representative in legal proceedings. Notwithstanding this, private individuals of modest means who look to legal expenses insurance to fund litigation (and many household policies include some form of cover) find that they are offered in house representation or…

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what is normal?

Guarantee payments are fairly rarely encountered in practice, but in times of economic hardship they are likely to be encountered more frequently. Abercrombie & Others v AGA Rangemaster Ltd is, according to the Court itself, probably the first case of its kind to reach the Court of Appeal. Guarantee payments are payments that an employer…

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we are above the law – or are we?

Under the State Immunity Act 1978 (“the SIA”), sovereign states are not generally subject to the jurisdiction of UK courts and tribunals. The point is well demonstrated by the extraordinary extent to which the London Congestion Charge is ignored by diplomats. Disputes relating to contracts of employment, and related statutory rights, are carved out from…

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calculating a week’s pay?

Toni & Guys (St Paul’s) Ltd v Georgiou looks at the proper calculation of a week’s pay for the purposes of both the basic and compensatory awards following a finding of unfair dismissal and addresses the impact of the employer’s conduct on compensation. The familiar hairdressing brand operates its business on a franchised basis. In…

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