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Category Archives: Newsletters

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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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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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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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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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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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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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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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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Holiday Pay

In Fulton v Bear Scotland, the EAT held that the employment tribunal was right to consider itself bound by the earlier EAT decision in Bear Scotland that a break of more than three months between non-payment or underpayment of wages breaks the series of deductions. The EAT made the decision regarding the three month rule... Read the rest of this entry →

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Calculating Strike Pay

In Hartley v King Edward VI College, the Supreme Court held that if teachers lawfully strike for one day, the employer can make a deduction of 1/365 of annual pay, unless the contract of employment provides otherwise. The decision of the Supreme Court was unanimous. The College made a deduction of 1/260 on the basis... Read the rest of this entry →

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