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Category Archives: News

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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Disability Discrimination

In the case of Dunn –v- Secretary of State for Justice and another, the Court of Appeal held that a badly handled ill health retirement procedure did not amount to disability discrimination. Mr Dunne was employed as a prison inspector but became ill with depression and a serious heart condition.  He applied for early retirement... Read the rest of this entry →

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Minimum Wage and Sleep

The Court of Appeal has held in the case of MenCap –v- Tomlinson – Blake that carers who sleep at client’s homes and are therefore “on call” are not entitled to minimum wage whilst they are asleep. The Court of Appeal decided that such workers should only be entitled to count sleep-in hours for minimum... Read the rest of this entry →

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Holiday Pay – Voluntary Overtime

Holiday pay continues to be a developing area through case law.  The case of Flowers –v- East of England Ambulance Trust revisited the question of whether voluntary overtime should be taken into account when calculating holiday pay.  The facts of the case involved ambulance crews whose contracts provided for ”non-guaranteed” overtime, which was mandatory, and... Read the rest of this entry →

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Dates of our Glossop LPA Week 2018 Confirmed

We will be holding our annual Lasting Powers of Attorney Week from Monday 5th to Friday 9th November at our Ellison Street office. A Lasting Power of Attorney (LPA) enables you to appoint a trusted friend, relative or professional to make decisions about your finances, property and personal welfare in the event that you are... Read the rest of this entry →

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