ARTICLES
TUPE - No Service Provision Change Where the Work In Progress was not Transferred 09-07-2010
Ward Hadaway Solicitors v Love, Scot and Capsticks Solicitors
This is an interesting case which dealt with the situation where a client transfers its Legal Services provider to another firm. This can also happen with PR Firms and Accountants.
The Nursing and Midwifery Council decided to switch their provider of Legal Services from Ward Hadaway Solicitors and three other firms on their panel to Capsticks Solicitors. FIND OUT MORE
Ward Hadaway Solicitors v Love, Scot and Capsticks Solicitors
This is an interesting case which dealt with the situation where a client transfers its Legal Services provider to another firm. This can also happen with PR Firms and Accountants.
The Nursing and Midwifery Council decided to switch their provider of Legal Services from Ward Hadaway Solicitors and three other firms on their panel to Capsticks Solicitors. FIND OUT MORE
Third Party Pressure Dismissals 09-07-2010
It is very common for companies to have a clause in their Service Contracts with clients which says that they have the right to request the removal of an employee from the contract. The commercial reality is that the Service Contract with the client is worth a lot more than an employee’s potential compensation for unfair dismissal. This case explains what an employer can do to minimise unfair dismissal claims in this situation. FIND OUT MORE
It is very common for companies to have a clause in their Service Contracts with clients which says that they have the right to request the removal of an employee from the contract. The commercial reality is that the Service Contract with the client is worth a lot more than an employee’s potential compensation for unfair dismissal. This case explains what an employer can do to minimise unfair dismissal claims in this situation. FIND OUT MORE
Case Law Update: Disability Discrimination 09-07-2010
Can the Effect on a Businesses Commercial Objectives be a Defence to Disability Discrimination?
Eagle Place Services Limited and Others v Rudd (Employment Appeal Tribunal)
The employee, Mr Rudd, was a personal injury litigation solicitor, employed by law firm Nabarro. Mr Rudd was disabled within the meaning of the Disability Discrimination Act 1995 having detached retinas in both eyes. Reasonable adjustments were agreed between the parties to enable him to continue working. FIND OUT MORE
Can the Effect on a Businesses Commercial Objectives be a Defence to Disability Discrimination?
Eagle Place Services Limited and Others v Rudd (Employment Appeal Tribunal)
The employee, Mr Rudd, was a personal injury litigation solicitor, employed by law firm Nabarro. Mr Rudd was disabled within the meaning of the Disability Discrimination Act 1995 having detached retinas in both eyes. Reasonable adjustments were agreed between the parties to enable him to continue working. FIND OUT MORE
Focus on Dismissals 09-07-2010
There have been a number of cases reported recently confirming how employers should carry out investigations and what a Tribunal will be used for when considering whether a fair procedure has been followed.
We set out a couple of the most important cases for you to consider. FIND OUT MORE
There have been a number of cases reported recently confirming how employers should carry out investigations and what a Tribunal will be used for when considering whether a fair procedure has been followed.
We set out a couple of the most important cases for you to consider. FIND OUT MORE
It’s the Statutory Disciplinary Procedures Again! 09-07-2010
Lawless v Printplus (Employment Appeal Tribunal)
This case relates to the Statutory Disciplinary Procedures. As you are aware, they have been abolished and replaced by the ACAS Code, however, we are still seeing cases coming through the Tribunal regarding the procedures and in this particular case, deciding on the extent of any uplifts due to a failure to follow the procedures. As I am sure you will remember, the potential uplift for failure to follow the Statutory Disciplinary Procedures was between 10% (the minimum that had to be awarded) and 50%. FIND OUT MORE
Lawless v Printplus (Employment Appeal Tribunal)
This case relates to the Statutory Disciplinary Procedures. As you are aware, they have been abolished and replaced by the ACAS Code, however, we are still seeing cases coming through the Tribunal regarding the procedures and in this particular case, deciding on the extent of any uplifts due to a failure to follow the procedures. As I am sure you will remember, the potential uplift for failure to follow the Statutory Disciplinary Procedures was between 10% (the minimum that had to be awarded) and 50%. FIND OUT MORE
And Finally… 09-07-2010
The Government has been busy since May in terms of setting out its proposals for changes to Employment. We are beginning to see the first of those changes: FIND OUT MORE
The Government has been busy since May in terms of setting out its proposals for changes to Employment. We are beginning to see the first of those changes: FIND OUT MORE
Age Discrimination 22-06-2010
(Homer v Chief Constable of West Yorkshire Police) – Court of Appeal
Mr Homer started working as a legal adviser for the Police National Legal Database (PNLD) department of West Yorkshire Police in 1995. At the time, there was no requirement for the post holder to have a law degree, as long as they had extensive experience in criminal law with a lesser qualification in law, which Mr Homer had. Over the years, the job profile was amended to emphasise that a law degree or similar was 'essential'. FIND OUT MORE
(Homer v Chief Constable of West Yorkshire Police) – Court of Appeal
Mr Homer started working as a legal adviser for the Police National Legal Database (PNLD) department of West Yorkshire Police in 1995. At the time, there was no requirement for the post holder to have a law degree, as long as they had extensive experience in criminal law with a lesser qualification in law, which Mr Homer had. Over the years, the job profile was amended to emphasise that a law degree or similar was 'essential'. FIND OUT MORE
When is an agency worker not an agency worker? 22-06-2010
(May & Baker Ltd v Okerago – Employment Appeal Tribunal)
Mrs Okerago was an employee of May & Baker Ltd. She claimed that an agency worker had told her to “go back to her own country” when she said that she wouldn’t support England in the World Cup. Mrs Okerago filed a grievance, however, this was not investigated by May & Baker Ltd. Mrs Okerago was dismissed 10 months later for a conduct related matter. She brought a claim for direct race discrimination. FIND OUT MORE
(May & Baker Ltd v Okerago – Employment Appeal Tribunal)
Mrs Okerago was an employee of May & Baker Ltd. She claimed that an agency worker had told her to “go back to her own country” when she said that she wouldn’t support England in the World Cup. Mrs Okerago filed a grievance, however, this was not investigated by May & Baker Ltd. Mrs Okerago was dismissed 10 months later for a conduct related matter. She brought a claim for direct race discrimination. FIND OUT MORE
Collective Consultation – How limited is the “special circumstances” defence? 22-06-2010
(Shanahan Engineering Ltd v Unite the Union)
Where an employer proposes to make 20 or more employees redundant at one establishment within a period of 90 days or less, it is required to collectively consult. Consultation must begin at least 30 days before the first dismissal takes effect (where between 20 and 99 employees are to be dismissed.) FIND OUT MORE
(Shanahan Engineering Ltd v Unite the Union)
Where an employer proposes to make 20 or more employees redundant at one establishment within a period of 90 days or less, it is required to collectively consult. Consultation must begin at least 30 days before the first dismissal takes effect (where between 20 and 99 employees are to be dismissed.) FIND OUT MORE
Employers can delay internal disciplinary proceedings pending the outcome of a police investigation 22-06-2010
(Secretary of State for Justice v Mansfield)
In the recent decision of Secretary of State for Justice v Mansfield, the EAT decided that an employer is allowed to delay internal disciplinary proceedings whilst a police investigation takes place. FIND OUT MORE
(Secretary of State for Justice v Mansfield)
In the recent decision of Secretary of State for Justice v Mansfield, the EAT decided that an employer is allowed to delay internal disciplinary proceedings whilst a police investigation takes place. FIND OUT MORE
Hot off the press... 22-06-2010
The Sheffield Employment Tribunal in Rawlings v Direct Garage Door Co Ltd has followed the House of Lords’ decision from last year in the case of Stringer v HMRC. FIND OUT MORE
The Sheffield Employment Tribunal in Rawlings v Direct Garage Door Co Ltd has followed the House of Lords’ decision from last year in the case of Stringer v HMRC. FIND OUT MORE
And finally... 22-06-2010
Drinkaware research reveals that 520,000 people in Great Britain go to work with a hangover each day. FIND OUT MORE
Drinkaware research reveals that 520,000 people in Great Britain go to work with a hangover each day. FIND OUT MORE
Mock employment tribunal 08-06-2010
BPE's employment team are giving businesses the opportunity to experience what it would be like to appear at an employment tribunal on June 29. FIND OUT MORE
BPE's employment team are giving businesses the opportunity to experience what it would be like to appear at an employment tribunal on June 29. FIND OUT MORE
In the spotlight...The Equality Act 2010 - What it means for employers 02-06-2010
The royal assent of the long awaited Equality Act in April will see a number of new provisions coming into force in October this year. While the autumn changes will bring in the main provisions, some others, mainly in relation to public sector employers, will be delayed. FIND OUT MORE
The royal assent of the long awaited Equality Act in April will see a number of new provisions coming into force in October this year. While the autumn changes will bring in the main provisions, some others, mainly in relation to public sector employers, will be delayed. FIND OUT MORE
Employers given room for manouvre 02-06-2010
A recent Employment Appeal Tribunal (EAT) case involving ASDA has provided, on the face of it, a potential softening of the approach to varying terms and conditions. FIND OUT MORE
A recent Employment Appeal Tribunal (EAT) case involving ASDA has provided, on the face of it, a potential softening of the approach to varying terms and conditions. FIND OUT MORE
Prevention is better than cure 02-06-2010
Recently the EAT ruled that an employee’s claim for constructive dismissal should fail, because during the grievance process, the employer acknowledged its wrongdoing which meant that the wrong had effectively been cured. FIND OUT MORE
Recently the EAT ruled that an employee’s claim for constructive dismissal should fail, because during the grievance process, the employer acknowledged its wrongdoing which meant that the wrong had effectively been cured. FIND OUT MORE
Whistleblowing protection can transcend current employment 02-06-2010
The level of protection afforded to people who engage in “whistleblowing” has been highlighted in a case involving oil giant BP. FIND OUT MORE
The level of protection afforded to people who engage in “whistleblowing” has been highlighted in a case involving oil giant BP. FIND OUT MORE
Hot off the press... 02-06-2010
Just as businesses have recovered from the disruption caused by snow earlier this year, employees found that they were unable to get to work due to volcanic dust! FIND OUT MORE
Just as businesses have recovered from the disruption caused by snow earlier this year, employees found that they were unable to get to work due to volcanic dust! FIND OUT MORE
Ability to rely on illegality defence is narrowed copy 02-06-2010
It is an established legal principle that the courts will not find in favour of anyone who tries to bring a claim based on an illegal or immoral act. FIND OUT MORE
It is an established legal principle that the courts will not find in favour of anyone who tries to bring a claim based on an illegal or immoral act. FIND OUT MORE
In the spotlight... April legislation downpour 31-03-2010
As usual, April sees a number of changes to employment law and statutory pay. Here, we consider the adjustments and the impact they will have on employers. FIND OUT MORE
As usual, April sees a number of changes to employment law and statutory pay. Here, we consider the adjustments and the impact they will have on employers. FIND OUT MORE
Contractual terms pivotal to fair dismissal 31-03-2010
The importance of appropriately worded express terms in contracts, particularly for senior staff, has been highlighted in a case dealing with two company directors FIND OUT MORE
The importance of appropriately worded express terms in contracts, particularly for senior staff, has been highlighted in a case dealing with two company directors FIND OUT MORE
No second chance to get it right when dealing with misconduct 31-03-2010
The Court of Appeal has confirmed that where an employer initially treats misconduct as a minor non-dismissible offence, a later decision to dismiss for gross misconduct is unfair. FIND OUT MORE
The Court of Appeal has confirmed that where an employer initially treats misconduct as a minor non-dismissible offence, a later decision to dismiss for gross misconduct is unfair. FIND OUT MORE
‘Garden leave’ clause missing but suspension still permitted 31-03-2010
A recent decision in the Court of Appeal has brought good news for employers where suspension during an employee’s notice period is concerned. FIND OUT MORE
A recent decision in the Court of Appeal has brought good news for employers where suspension during an employee’s notice period is concerned. FIND OUT MORE
Can holiday be carried over to the next year? 31-03-2010
Until recently the issue of whether staff who are unable to take annual leave due to sickness, should be able to carry it over to the next holiday year, had only been addressed by the European Court of Justice (ECJ). FIND OUT MORE
Until recently the issue of whether staff who are unable to take annual leave due to sickness, should be able to carry it over to the next holiday year, had only been addressed by the European Court of Justice (ECJ). FIND OUT MORE
When will the Court “pierce the adjudicator’s veil?” 22-03-2010
It is a well established principle that an adjudicator’s decision will be enforced by the Courts provided that the adjudicator has answered the correct question, even if that decision contained obvious errors or was wrong in fact and/or law. There are inevitably exceptions to the rule which could, to misquote a popular corporate phrase, pierce the adjudicator’s veil. FIND OUT MORE
It is a well established principle that an adjudicator’s decision will be enforced by the Courts provided that the adjudicator has answered the correct question, even if that decision contained obvious errors or was wrong in fact and/or law. There are inevitably exceptions to the rule which could, to misquote a popular corporate phrase, pierce the adjudicator’s veil. FIND OUT MORE
Enforcing the Oracle 22-03-2010
SG South Ltd v Swan Yard (Cirencester) Ltd [2010] (TCC)*
*[BPE Solicitors LLP acted for the successful enforcing party in this action as well as its sister action, SG South Ltd v (1) King’s Head (Cirencester) Ltd (2) Cornhall Arcade Ltd [2009] (TCC) covered in our December 2009 edition - please click here for more information] FIND OUT MORE
SG South Ltd v Swan Yard (Cirencester) Ltd [2010] (TCC)*
*[BPE Solicitors LLP acted for the successful enforcing party in this action as well as its sister action, SG South Ltd v (1) King’s Head (Cirencester) Ltd (2) Cornhall Arcade Ltd [2009] (TCC) covered in our December 2009 edition - please click here for more information] FIND OUT MORE
Is NEC3 the finished product for effective procurement? 22-03-2010
Five years on, the following areas still seem to be causing some confusion:
- The proper formation of the contract itself and how to use the various secondary options to achieve the desired risk parameters of the team; and
- The concept of partnering – does anyone know what it means? FIND OUT MORE
Five years on, the following areas still seem to be causing some confusion:
- The proper formation of the contract itself and how to use the various secondary options to achieve the desired risk parameters of the team; and
- The concept of partnering – does anyone know what it means? FIND OUT MORE
What’s in a name? 22-03-2010
Legal implications of the new asbestos guidelines on professional negligence claims against surveyors
The revised Health and Safety Executive guidance for asbestos surveys (HSG264) came into force at the end of January 2010, replacing the previous MDHS100. Whilst the name has changed, what else is new? More importantly, what do the changes mean in reality? FIND OUT MORE
Legal implications of the new asbestos guidelines on professional negligence claims against surveyors
The revised Health and Safety Executive guidance for asbestos surveys (HSG264) came into force at the end of January 2010, replacing the previous MDHS100. Whilst the name has changed, what else is new? More importantly, what do the changes mean in reality? FIND OUT MORE
In the spotlight... disciplinary hearings: the right to representation 01-03-2010
Issues around the right to be accompanied at a disciplinary hearing have been keeping the courts busy of late, making it timely for us to look at the current stance on employees’ rights and employers’ obligations FIND OUT MORE
Issues around the right to be accompanied at a disciplinary hearing have been keeping the courts busy of late, making it timely for us to look at the current stance on employees’ rights and employers’ obligations FIND OUT MORE
BA staff dress code not discriminatory 01-03-2010
Hot on the heels of a case we featured in last month’s bulletin, where a police dress code was found not to be discriminatory, another decision in favour of the employer has emerged from the courts. FIND OUT MORE
Hot on the heels of a case we featured in last month’s bulletin, where a police dress code was found not to be discriminatory, another decision in favour of the employer has emerged from the courts. FIND OUT MORE
Collective agreements only go so far where TUPE is concerned 01-03-2010
The complex question of whether employers who take on staff by TUPE transfer, can be bound by subsequent changes to pre-existing collective agreements, has recently been unravelled by the Court of Appeal. FIND OUT MORE
The complex question of whether employers who take on staff by TUPE transfer, can be bound by subsequent changes to pre-existing collective agreements, has recently been unravelled by the Court of Appeal. FIND OUT MORE
Volunteers not covered by Disability Discrimination Act – or are they? 01-03-2010
The recently reported case of X v Mid-Sussex Citizens Advice Bureau has confirmed that, generally speaking, volunteers are not protected by the Disability Discrimination Act (DDA). FIND OUT MORE
The recently reported case of X v Mid-Sussex Citizens Advice Bureau has confirmed that, generally speaking, volunteers are not protected by the Disability Discrimination Act (DDA). FIND OUT MORE
Agency workers hit by discrimination decision 01-03-2010
The level of protection from discrimination, afforded to agency workers, has recently been clarified in the case of Muschett v HM Prison Service, which also provided guidance as to the employment status of such workers. FIND OUT MORE
The level of protection from discrimination, afforded to agency workers, has recently been clarified in the case of Muschett v HM Prison Service, which also provided guidance as to the employment status of such workers. FIND OUT MORE
Hot off the press… 01-03-2010
Following a recent Spanish case in the European Court of Justice, an employment tribunal here has held that the Working Time Regulations 1998 should be interpreted to allow a worker on sick leave to carry over holiday into the next leave year. FIND OUT MORE
Following a recent Spanish case in the European Court of Justice, an employment tribunal here has held that the Working Time Regulations 1998 should be interpreted to allow a worker on sick leave to carry over holiday into the next leave year. FIND OUT MORE
Government issues its guidance regarding the new fit notes 01-03-2010
The Government has issued its guidance regarding the new fit notes that are being introduced from 6 April 2010. FIND OUT MORE
The Government has issued its guidance regarding the new fit notes that are being introduced from 6 April 2010. FIND OUT MORE
Water efficiency - revised rules delayed 17-12-2009
The revised rules covering water efficiency in new homes which were due to come into force on 1st October 2009 have been postponed until 6th April 2010. FIND OUT MORE
The revised rules covering water efficiency in new homes which were due to come into force on 1st October 2009 have been postponed until 6th April 2010. FIND OUT MORE
Design, build and protect 17-12-2009
There is obviously inherent value in the designs that are produced for new projects, including their interiors and fittings. It is not just about the quality of the build: architectural innovation is a key attribute. However to what extent can building design, key characteristics and interior atmosphere be protected, and who pays the price? FIND OUT MORE
There is obviously inherent value in the designs that are produced for new projects, including their interiors and fittings. It is not just about the quality of the build: architectural innovation is a key attribute. However to what extent can building design, key characteristics and interior atmosphere be protected, and who pays the price? FIND OUT MORE
No change in judicial stance on enforcement of adjudication awards 17-12-2009
It is rare for the Technology and Construction Court (TCC) to be presented with arguments against the enforcement of adjudicators’ decisions, based on allegations of fraudulent activity by a contractor. This is however, precisely what happened here. FIND OUT MORE
It is rare for the Technology and Construction Court (TCC) to be presented with arguments against the enforcement of adjudicators’ decisions, based on allegations of fraudulent activity by a contractor. This is however, precisely what happened here. FIND OUT MORE
