Welcome to the Canter Levin & Berg Employment Solutions Blog

TUPE – employers can thank the European Court

Under the TUPE regulations, on acquisition of a business or undertaking employers automatically take on employees working in that business or undertaking. Their employment contracts “have effect after the transfer as if originally made between the person so employed and the [new employer]”. As a general rule the new employer cannot change the terms of…

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why it is a nonsense to maintain that tribunals are an informal alternative to court proceedings

In 1957 the Franks Report set out characteristics which should be reflected in tribunal procedures. In addition to the key requirements of openness, fairness and impartiality, tribunals should provide a fair hearing at which citizens can state their case without the need for legal representation and at hearings conducted with an appropriate degree of informality.…

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pre-employment health enquiries – good or bad idea?

Many employers require pre-employment health checks for prospective employees, often by requiring a successful candidate to complete a questionnaire. However, what happens if an employer decides to withdraw an offer of employment based on the information provided? Once again, our friend the Equality Bill comes into play following an amendment to the Bill in the…

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