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Employment Law Articles and Blogs - VWV

Employment

Articles & Blogs Employment

TUPE - Subsequent Events are Relevant When Considering Whether the 'Task of Short-Term Duration' Exception Applies

Friday, 04 December 2015

The Employment Appeal Tribunal (EAT) has held that subsequent events may be considered when deciding whether there has been a 'task of short-term duration' for the purposes of TUPE.


Articles & Blogs Employment

Tribunal Fees - What effect on access to justice?

Friday, 27 November 2015

Responses received by the House of Commons Justice Committee inquiry on the impact of tribunal fees have highlighted concerns over access to justice.


Articles & Blogs Employment

No Conviction for Ex-City Link Directors

Friday, 27 November 2015

The prosecution brought by the Business, Innovation and Skills (BIS) Committee against the ex-directors of City Link for failure to notify the Secretary of State of redundancies has failed.


Articles & Blogs Employment Public Sector

Establishing an 'Act Extending Over a Period' in Discrimination Claims

Friday, 27 November 2015

In a recent decision, the Employment Appeal Tribunal (EAT) suggested that different complaints may be considered together in deciding whether there has been an 'act extending over a period'.


Articles & Blogs Employment

Annual Leave - How Changes in Working Patterns Impact Upon the Entitlement of Part-Time Employees

Friday, 20 November 2015

The European Court of Justice has decided that when a part time employee's working hours increase, their entitlement to annual leave should be recalculated to reflect this increase.


Articles & Blogs Employment

No TUPE Transfer Where Employment Transfers to a Group of Companies Including the Original Employer

Friday, 20 November 2015

The Employment Appeal Tribunal (EAT) has held that TUPE does not preclude a transfer from one employer to multiple employers, provided that the economic entity to which the employee is.


Articles & Blogs Employment

Resignation in Response to Pay Cut can be a 'Redundancy' for the Purpose of Collective Consultation

Friday, 20 November 2015

In Pujate Rivera v Gestora Clubs Dir SL and another, the European Court of Justice (ECJ) held that where an employee resigns from their employment in response to a pay cut which is not their fault, it is a redundancy.


Articles & Blogs Employment Public Sector

Trade Union Bill Update - No Further Regulation for Tackling Intimidation of Non-Striking Workers

Friday, 13 November 2015

The government has responded to the consultation on tackling the intimidation of non-striking workers and will not introduce further regulations on this matter.


Articles & Blogs Employment

Draft Regulations Published for the Public Sector Exit Payment Cap

Friday, 13 November 2015

The government has now published the draft Public Sector Exit Payment Regulations 2016 (Regulations), which follow the government's recent response to its consultation on the public sector exit payment cap.


Articles & Blogs Employment

Drawing an Inference - The Importance of Engaging with the Tribunal Process

Friday, 13 November 2015

The Employment Appeal Tribunal (EAT) has upheld a tribunal's decision to draw an inference about the legal control over a company where insufficient evidence was provided by the respondent.


Articles & Blogs Employment

Long Term Sickness Absence - how long must an employer wait before dismissing?

Friday, 06 November 2015

The EAT has held that the Employment Tribunal ('ET') should have considered whether the employer could have been expected to wait longer before dismissing an employee who was on long term absence due to ill-health.


Articles & Blogs Employment

Update - Fee Remission Process

Friday, 06 November 2015

HM Courts and Tribunal Service ('HMCTS') has made changes to the existing fee remission process for individuals making employment tribunal claims


Articles & Blogs Employment

Taking Sides - Different Treatment of Two Employees Did Not Make Dismissal Unfair

Friday, 06 November 2015

The Employment Appeal Tribunal (EAT) has decided that there was no disparity of treatment where one employee was dismissed and another was given a final written warning following a fight between them.


Articles & Blogs Employment

Can there be discrimination without any detriment?

Friday, 06 November 2015

The Employment Appeal Tribunal (EAT) has confirmed the test that there must be a detriment as well as less favourable treatment to establish unlawful discrimination.


Articles & Blogs Employment

New guidance - Disclosing Information Safely and Removing Personal Data

Friday, 06 November 2015

The Information Commissioner's Office (ICO) has issued new guidance on how to disclose information safety by removing personal data from information requests.