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Bid to object to transfer fails because TUPE did not apply
22 September 2017The High Court has considered an employee’s attempt to escape a lengthy period of garden leave by objecting to a TUPE transfer when his employer was going through a change in ownership. This was a creative attempt by the employee to avoid his contractual notice obligations, but he ultimately failed due to the lack of one key ingredient - a TUPE transfer.
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Continuous service for notice pay preserved on transfer
22 September 2017The European Court of Justice (“ECJ”) has considered an interesting TUPE issue concerning continuous service, arising in a case referred by the Swedish Labour Court.
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Mansplaining, micro-inequities and managers
21 September 2017Over the years, awareness of discrimination has increased significantly. Almost everyone will (hopefully) be able to spot direct discrimination when they see it. For example, subjecting a gay worker to homophobic abuse, sacking a woman as soon as she announces her pregnancy, or telling a Muslim colleague that her hijab “made her look like a terrorist” (as was alleged in a recent Employment Tribunal claim).
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Taxation of termination payments updated legislation published
19 September 2017The Government proposes to make a number of changes to the tax and national insurance (“NI”) treatment of termination payments.
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Yahoo! We’re watching you… Monitoring employee communications
06 September 2017Monitoring an employee’s personal correspondence at work was a breach of human rights, according to a new ruling by the Grand Chamber of the European Court of Human Rights (“ECtHR”). This reverses the ECtHR’s previous judgment in the same case in January 2016.
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Uber’s worker status appeal rejected
05 September 2017The Employment Appeal Tribunal (“EAT”) has upheld the decision of an Employment Tribunal (“ET”) that drivers engaged by Uber are “workers” rather than independent contractors.
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Retail workers comparable to distribution centre workers for equal pay claim
05 September 2017The Employment Appeal Tribunal (“EAT”) has ruled that individuals working in Asda’s retail stores can compare themselves with distribution centre workers in claims for equal pay.
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Laura Farnsworth writes for WeAreTheCity: Challenges and priorities of maternity leave
Press
05 September 2017Employment Partner, Laura Farnsworth has written an article for WeAreTheCity which discusses the challenges and priorities for female lawyers returning back to work from maternity leave.
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Executive pay ratio reporting – sound familiar?
04 September 2017The Government has recently announced it will take forward a number of proposals for corporate governance reform relating to employment. Media reports have focused on the watering down of earlier plans for worker representation on boards, which has predictably been attacked by unions.
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Colin Leckey comments for People Management: Tribunal fees are finished – and here’s what happens next
Press
24 August 2017Colin Leckey has commented in an article for People Management which discusses the Supreme Courts decision to deem tribunal fees unlawful and what the consequences of this are likely to be.
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James Davies & Michael Burd write for Management Today Magazine: What new bereavement rules could mean for your business
Press
18 August 2017James Davies and Michael Burd have written a piece for Management Today Magazine which discusses what new bereavement rules could mean for business'.
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Tom Heys comments for The Economist: ‘A legal defeat for a pious prison gardener is good news for bosses’
Press
09 August 2017Tom Heys has commented in an article for The Economist discussing religious rights at work, in light of a recent case in which an individual failed in his religious discrimination claim after being disciplined for causing offence by quoting Bible passages.
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BAME footballers, unconscious bias and the workplace
08 August 2017A study published last year analysed the racial composition of professional football club leadership, looking at players, coaches and key decision-makers in Premier League and Football League clubs.
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Latest decision on holiday pay - regular voluntary overtime payments to be included
07 August 2017The EAT has clarified that regular voluntary overtime payments form part of “normal remuneration” and should be included in the calculation of holiday pay for the purposes of the four weeks’ minimum annual leave entitlement required by EU law.
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James Davies comments in ‘Brexit: Deal or no deal’ in The Law Society Gazette
Press
07 August 2017James Davies, divisional managing partner and joint head of Lewis Silkin’s employment, immigration and reward department comments on the issue of reciprocity for legal services and how the Norway model would be a good fit and on potential changes of immigration and employment rules.
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Thorny issues arising from the abolition of Employment Tribunal fees
04 August 2017The Supreme Court ruled last week that Employment Tribunal (“ET”) fees are unlawful. The case has significant constitutional and political implications, but also raises a number of thorny practical issues. We explore some of these issues here and will provide further updates as matters develop.
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Right to paid parental bereavement leave is coming
04 August 2017The Parental Bereavement (Pay and Leave) Bill, introduced into Parliament last month, would entitle employed parents who have lost a child to take statutory paid leave to allow them time to grieve. Although this is a private member’s bill, it is supported by the Government and would meet a Conservative manifesto promise to ensure “bereavement support” for employees – so there is a good chance it will become law in due course.
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Colin Leckey comments in AccountingWEB’s ‘Rogue bosses beware: Tribunals won’t cost and the labour-market tsar has promised action’
Press
04 August 2017Employment partner, Colin Leckey commented in AccountingWEB on the fees that attach to employment tribunals.
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Colin Leckey comments in Legal Week on the Supreme Court ruling on unlawful tribunal fees
Press
27 July 2017Colin Leckey comments in an article in Legal Week which discusses the implications of the Supreme Court ruling on unlawful tribunal fees and the prospect that 'retrospective' cases could soar.
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FCA launches consultation on the extension of the Senior Managers and Certification Regime
26 July 2017On 26 July 2017, the FCA outlined its proposals for the extension of the Senior Managers and Certification Regime. The FCA intends that these rules, which came into force on 7 March 2016, be extended to all sectors within the financial services industry and that they will essentially replace the Approved Persons Regime. Though an implementation date will be set by the Treasury, the FCA expects this to be from 2018.