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Monthly Archives: October 2018

Employment Law Newsletter – October 2018

Welcome to our Employment Law Newsletter! It has been a busy time since our last newsletter with some significant Court decisions which we have set out below. You may be aware that the Government recently published a White Paper which indicates that no EU based laws will be repealed following Brexit meaning that TUPE, the... Read the rest of this entry →

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Kate Oldfield – Managing Partner and Head of Personal Injury – discusses the recent tragic headlines surrounding allergic reactions to food products.

We have all been saddened by the recent headlines surrounding the death of two Pret A Manger customers.  Both died after suffering an allergic reaction after eating a product.  The first incident involved a 15 year old girl who died after eating a baguette in 2016.  A second person is believed to have died from... Read the rest of this entry →

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Tribunal Statistics

The Ministry of Defence has published its latest statistics for the period of April to June 2018. The statistics show that the number of single employment tribunal claims increased by 165% and the number of single claims outstanding rose by 130%.  Recruitment of judges is currently being undertaken but the backlog will still take some... Read the rest of this entry →

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Parental Bereavement (Leave and Pay) Act 2018

This Act received Royal Assent in September and provides a right to two weeks away from work for those employees who have unfortunately lost a child under the age of 18.  There will be supporting regulations to follow that will set out details including remuneration, if any etc. The Regulations are not expected to be... Read the rest of this entry →

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Employment References

Employment references are run of the mill everyday occurrences, however they do cause no end of issues for employers and – in turn – employees. Helpfully, ACAS has released guidance on providing employment references, setting out what references should include, whether or not references must be provided and whether an employer can give a bad... Read the rest of this entry →

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TUPE 2 – Travel Allowance

In Tabberer and Others –v- Mears Ltd and Others the EAT held that the removal of an “out dated and unjustified” contractual allowance was not void under TUPE. The electricians under their previous employment with the council had an entitlement to “Electricians Travel Time Allowance” which had been introduced back in 1958.  This allowance was... Read the rest of this entry →

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TUPE

In the case of Colino Siguenza –v- Ayuntamiento de Valladolid and Others the CJEU considered whether a five-month suspension in an undertaking’s activities impeded a TUPE Transfer. A music teacher, together with all his colleagues, was dismissed on 27th March 2013 and on 1st April 2013, two months before the end of the academic year... Read the rest of this entry →

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Vicarious Liability

The Court of Appeal in Bellman –v- Northampton Recruitment Limited has held that the Respondent company was vicariously liable for its managing director’s actions at a Christmas party.   Following a Christmas party organised by the Respondent company, the MD arranged taxis to transport staff to a hotel where they continued drinking with the drinks being... Read the rest of this entry →

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Direct Discrimination

In Lee –v- Ashers Baking Company Ltd and Others the Supreme Court has held that it is not directly discriminatory for a Christian baker to refuse to bake a cake containing a message which supports gay marriage. This case has played out in the media for some time as well as the Courts.   Ashers owners,... Read the rest of this entry →

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Discrimination – Philosophical Belief

In the case of Gray –v- Mulberry the EAT held that  where the employee is the only person to hold such a belief an employer could not have discriminated on the grounds of that philosophical belief. Ms Gray worked for Mulberry but refused to sign a clause assigning copyright in her work to her employer. ... Read the rest of this entry →

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