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News

News

Employment law is constantly changing, both in terms of legislation and when new case law develops. We update you on significant developments when they occur, summarising what you need to know in our clear, user-friendly email updates. Our database of articles is fully searchable and covers nearly every employment law topic you can think of! Please use the search function (at the top right of the page) to find articles on the topics that interest you.

Can someone providing services through a service company be a worker?

29 August 2014 by Nicola Brown

Under employment law, a worker is not simply someone who works, because someone who provides labour could be categorised as an employee, as being self employed, or as being a worker.  The category of worker originates from European law and includes any person who provides personal service, but who is not genuinely in... read more »

Tattoos in the workplace - what's your view?

Tattoos in the workplace - what's your view?

29 August 2014 by Nicola Brown

What is your view on tattoos in the workplace? Attitudes towards tattoos in general have changed dramatically in recent years, and according to a recent survey one in five Britons now has a tattoo, with that number increasing all the time. However, a few employees who have been dismissed as a... read more »

TUPE changes: micro-businesses able to inform and consult with employees directly

29 August 2014 by Nicola Brown

We previously informed you about changes to the TUPE legislation – our article can be found here. The last of those changes came into force on 31 July 2014. A new regulation now provides that employers with fewer than ten employees may... read more »

Can a disciplinary penalty ever be increased on appeal?

Can a disciplinary penalty ever be increased on appeal?

31 July 2014 by Peter Stevens

In the recent case of McMillan v Airedale NHS Foundation Trust , the Court of Appeal had to consider whether the sanction of a final written warning issued by Airdale NHS Foundation Trust against Mrs McMillan could be increased on appeal. Mrs McMillan had been called to a disciplinary hearing in line with... read more »

Warning - a letter can have contractual effect!

31 July 2014 by Nicola Brown

A recent case involving a Local Authority (Hershaw and ors v Sheffield City Council (2014)) has shown that a letter, in this case written by an HR consultant, can create contractual terms that an employer has to honour. The case concerned a group of employees (market patrol officers) who had their pay varied... read more »

Redundancy pooling

31 July 2014 by Nicola Brown

In a redundancy exercise, often employers will need to place employees into a redundancy ‘pool’. This is usually based on those doing similar work, or those who work at similar levels. Employers then select who is to be made redundant from the pool using objective selection criteria. Case law has shown that employers... read more »

Totting up previous offences to get to dismissal

Totting up previous offences to get to dismissal

31 July 2014 by Nicola Brown

In cases where an employee has committed more than one disciplinary offence, or when a further offence is committed whilst a previous warning is still live, the employer has to consider whether or not it is reasonable to dismiss the employee in the circumstances. This is often an area that employers are unsure... read more »

Restrictive covenants and drafting errors - revisited

Restrictive covenants and drafting errors - revisited

31 July 2014 by Peter Stevens

In our April bulletin we reported on the case of Prophet plc v Huggett in which the High Court considered post termination restrictions in Mr Huggett’s contract of employment. Our article can be found here. The restrictions were drafted in such a way that they were meaningless, as they said that they... read more »

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