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News

News

Employment law is constantly changing, both in terms of legislation and when new case law develops. We can advise you of significant developments when they occur, summarising what you need to know in our clear, user-friendly email updates. As always, we will be focused on how the law will affect your workplace in practice, so that you can be best equipped to deal with any changes.

Incorrectly handled grievance appeal was a breach of trust and confidence

27 September 2013 by Nicola Brown

A recent case (Blackburn v Aldi Stores Ltd (2013)) in the Employment Appeal Tribunal (EAT) considered whether an employer’s failure to conduct an impartial appeal could be a breach of the implied term of trust and confidence. The employee, Mr Blackburn, was an LGV driver for Aldi who raised a grievance which... read more »

TUPE Amendments – outcome of the consultation

27 September 2013 by Nicola Brown

In January, we reported that the Government had issued a call for evidence on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and how they affect businesses.  One of the Government’s proposed changes was to repeal the ‘service provision change’ aspect of TUPE. The Government has now published its response to... read more »

Opinion: Zero hours - not just a fuss about nothing

30 August 2013 by Nicola Brown

In the past month or so there has been an escalating controversy over zero hours contracts. It has been claimed that they are a way for employers to avoid employment rights and that they create a ‘second class’ workforce with no guaranteed hours or pay. Is that right, or are they simply a... read more »

Does holiday pay need to reflect overtime?

30 August 2013 by Nicola Brown

For many workers, holiday pay is straightforward – a normal day’s pay for a day’s holiday. However, the position can be more complicated where hours vary or where employees receive additional payments such as overtime or commission. The recent case of Neal v Freightliner shows that Tribunals may require overtime... read more »

What a carry on about carry over – holidays and sickness

30 August 2013 by Nicola Brown

The law is now clear that an employee on long-term sickness absence continues to accrue holiday whilst they are off sick (please see our articles here). The establishment of this principle has still left a number of questions, particularly as the Government has not yet updated the Working Time Regulations... read more »

Sneaky stuff – the misuse of confidential information

30 August 2013 by Nicola Brown

The temptation for some employees to take their employer’s confidential information and use it to set up a competing company can sometimes be too much. Morality aside, having the confidential information at hand means their new company can potentially undercut prices and take business away from former employers. This then leaves... read more »

Investigating alleged dishonesty - how far do you have to go?

30 August 2013 by Nicola Brown

In January, we reported on the decision of the Employment Appeal Tribunal (EAT) in the case of Stuart v London City Airport – you can find that article here. You may recall that in that case the employer allegedly failed to interview potential witnesses or view CCTV recordings of... read more »

Implying enhanced redundancy terms

30 August 2013 by Nicola Brown

When employers have to make people redundant, it is not uncommon for them to pay the departing employees more than their statutory redundancy entitlement. In some cases, this is an express contractual commitment contained in the contract of employment; in others it is simply something the employer chooses to do. Sometimes,... read more »

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