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Monthly Archives: July 2017

Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Employment Law Newsletter – July 2017

The summer has brought us lots of sunshine, the shocking decision of the Supreme Court on the Tribunal Fee System yesterday (click here to read our blog), and the findings of the Taylor Review of Modern Working Practices which have finally been published.  The report sets out findings and recommendations for clarifying the law governing employment... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Whistleblowing and Public Interest

In Chesterton Global Limited v Nurmohamed the Court of Appeal has held that the fact that something is in a worker’s private interest, does not prevent it from also being in the public interest.  However, the Court of Appeal was very clear that its decision had been heavily dependent on the facts and a different... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Pre-pack Administration and TUPE

The CJEU has held in a Dutch case that administration (including “pre-packs”) is not primarily aimed at liquidating the undertaking.  Therefore employees would not lose the right to transfer when all or part of that undertaking is transferred. The position would be different if the organisation was being liquidated for the benefit of creditors.  The... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Direct Sex Discrimination

The Employment Tribunal has stated that not paying full salary to a father who is taking shared parental leave is direct sex discrimination, where a mother taking maternity leave during the same period would have received full pay.

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Garden Leave and TUPE

A clever idea by a senior executive backfired in the case of ICAP Management Services Limited –v- Bury. Mr Bury had given notice to terminate his contract in order to join a competitor.  His employers placed him on garden leave.  Whilst on garden leave, his employers were subject to a share sale acquisition.  Mr Bury... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Intention to Complete

The Chancery Division has held in MPT Group v Peel that two relatively senior employees did not have to reveal their intentions that they intended to set up in competition with their employer after their restrictive covenants had expired.  When the two individuals had been questioned on this by their employer, they had lied about... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Territorial Jurisdiction

The assessment of whether an employee has a strong connection to the UK is an objective test rather than a subjective test (Green v SIG Trading Ltd). The EAT held that the focus should be who the employee worked for, rather than his role or duties. The EAT stated that the test was an objective... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Time Limits

In J v K, the EAT held that the appellant could not rely on vague medical evidence to get an extension of time to lodge a late appeal. J argued that the time limit should be extended because of his depression. J failed to provide specific medical evidence, but rather provided non-specific information including extracts... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Whistleblowing

It has been held that, where the making of a disclosure was the principal reason for a dismissal, the decision taker’s belief about whether the disclosure was protected is not relevant (Beatt v Croydon Health Services NHS Trust). The tribunal found that the principal reason for the dismissal was the protected disclosures. The hospital appealed,... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Compulsory Union Recognition – Fragmentation of Bargaining Units

In Lidl v CAC, the Court of Appeal held that single small units of an employer’s workforce should be subject to compulsory trade union recognition given the statutory requirement to consider the desirability of avoiding small fragmented bargaining units. Lidl argued unsuccessfully that such a small bargaining unit (1.2% of total workforce) was not compatible... Read the rest of this entry →

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