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Andrew Secker
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The Government has today published a technical paper setting out details of the application process for the proposed settled status application for EU nationals. Many EU nationals have been concerned about the possible criteria and practicalities of the application process. The key points include the following: EU nationals will have... Continue reading
Posted Nov 7, 2017 at Mills & Reeve: HR Law Live
Chief of Happiness (CoH for short) is a relatively new member of the C-Suite. Whilst not as common as the Chief Technology Officer, CoHs have appearing in a range of technology businesses across Silicon valley and Europe as well as in government or not for profit organisations. There is even... Continue reading
Posted Jan 10, 2017 at Mills & Reeve: HR Law Live
1 January 2017 saw the French Government introduce a range of employment law reforms, the most eye-catching being the so called “right to disconnect”. This requires organisations with more than 50 workers to start negotiations to agree on a worker’s right to not respond to work email or messages during... Continue reading
Posted Jan 9, 2017 at Mills & Reeve: HR Law Live
The decision that Uber drivers are “workers” for employment law purposes generated lots of press, not least as it landed just as BEIS launched an inquiry into the rights of workers in the gig economy. Before getting carried away, we need to give three caveats. Firstly, this is a first... Continue reading
Posted Oct 31, 2016 at Mills & Reeve: HR Law Live
Today the Court of Appeal confirmed what many expected, namely that workers who receive regular results-based commission are entitled to have this taken into account when calculating holiday pay for the minimum four weeks’ annual leave under the Working Time Regulations (WTR). The decision does not apply to the additional... Continue reading
Posted Oct 7, 2016 at Mills & Reeve: HR Law Live
Alongside increases in the minimum wage, the Chancellor has announced a consultation about changing Sunday trading laws in today’s budget. In the run up to the 2012 Olympics, Sunday trading laws were suspended on eight weekends, boosting retail sales significantly. The consultation will explore if a permanent change could do... Continue reading
Posted Jul 8, 2015 at Mills & Reeve: HR Law Live
Following reports that Unite will not appeal the recent recent holiday ruling (in Bear Scotland) as regards the ability of workers to claim for historic underpayments of holiday pay, the Government has today announced how it will intervene to help employers. Under Regulations laid today (18 December 2014), workers bringing... Continue reading
Posted Dec 18, 2014 at Mills & Reeve: HR Law Live
When an employer introduces restrictive covenants during an employee’s employment, the employee must receive “consideration” for these to be enforceable. It has been unclear if the consideration has to be a cash and/or a non-financial benefit or whether stating the employee’s employment will not continue if they fail to sign... Continue reading
Posted Dec 10, 2014 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has ruled today that employers must now include most types of overtime when calculating holiday pay under the Working Time Regulations for salaried workers. The judgment, which covers a number of different claimants working for two separate employers, also deals with some other variable payments and... Continue reading
Posted Nov 4, 2014 at Mills & Reeve: HR Law Live
One common myth is that for an employee to “TUPE transfer” he/she must spend more than 50% of their working time on the transferring business or outsourced activity. In Costain Limited v Armitage and ERH, the EAT has provided a useful reminder that time spent working on an outsourcing activity... Continue reading
Posted Sep 23, 2014 at Mills & Reeve: HR Law Live
The High Court has ruled in favour of the employer of a precious metals derivatives trader who refused to accept his immediate resignation and declined to pay him unless he reported for work. An employer generally has two options when faced with a senior employee who tries to resign without... Continue reading
Posted Aug 8, 2014 at Mills & Reeve: HR Law Live
Regulation 13 of TUPE requires that both transferor and transferee must inform and, if necessary, consult appropriate representatives of its own employees affected by the transfer in advance of the transfer date. To help a transferor discharge its obligations, under regulation 13(4) a transferee must notify the transferor of any... Continue reading
Posted Apr 17, 2014 at Mills & Reeve: HR Law Live
In Prestige Nursing Care v O'Connell, the Employment Appeal Tribunal has given further guidance on one of the exceptions which dis-applies TUPE in the context of a service provision change. In an outsourcing context, where a client intends that the outsourced task will be of short term duration there is... Continue reading
Posted Mar 24, 2014 at Mills & Reeve: HR Law Live
Many employers guard against unfair competition from former employees by including restrictive covenants within an employment contract. Some also include a right to place an employee on garden leave during any period of notice for the same reason. The starting position is that restrictive covenants are an unlawful restraint of... Continue reading
Posted Dec 5, 2013 at Mills & Reeve: HR Law Live
As the annual round of Christmas parties and social events begins, employers should be dusting down the “bar humbug” reminders to staff about the standard of behaviour expected in the season of peace and goodwill to all. Aside from the reputational issues arising from misbehaviour in public or in front... Continue reading
Posted Dec 4, 2013 at Mills & Reeve: HR Law Live
A year since our last blog on this topic, the EAT has issued further guidance on how you assess the scope of the TUPE exemption for tasks of short term duration. This case is helpful as it reinforces the primacy of the client’s intention when deciding whether TUPE applies upon... Continue reading
Posted Nov 20, 2013 at Mills & Reeve: HR Law Live
Earlier this year, Alemo-Herronestablished that the terms of a collective agreement transfer in the form they exist as at the time of the relevant TUPE transfer. Dynamic clauses, which seek to incorporate changes to collective agreements negotiated and adopted post TUPE transfer, are not to be enforceable against transferees who... Continue reading
Posted Aug 21, 2013 at Mills & Reeve: HR Law Live
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) in effect transfer the terms of collective agreements between transferors and the trade unions recognised in respect of transferring employees, where these are incorporated into their contracts of employment. In Alemo-Herron, the European Court of Justice (ECJ) has established a... Continue reading
Posted Jul 23, 2013 at Mills & Reeve: HR Law Live
A precondition of any service provision change (‘SPC’) is that there must be an organised grouping of employees whose principle purpose is carrying out activities on behalf of the client (the ‘organised grouping condition’). Ceva v Seawell Limited is a further example of how hard it can be to satisfy... Continue reading
Posted Jul 1, 2013 at Mills & Reeve: HR Law Live
The EAT has recently explored what happens when an appeal against a non TUPE-related dismissal is outstanding at the date of the relevant transfer. The following points emerge from Bangura v Southern Cross Healthcare. Responsibility for dealing with any outstanding appeal remains with the transferor. The transferee has no obligation... Continue reading
Posted May 23, 2013 at Mills & Reeve: HR Law Live
Where there is a relevant transfer under TUPE, a transferor is obliged to inform and, in certain circumstances, consult with appropriate representatives of “affected employees”. Failure to do so can result in claims for protective award of up to 13 weeks pay per affected employee. Determining who is an affected... Continue reading
Posted May 7, 2013 at Mills & Reeve: HR Law Live
One key concern when buying a business in administration is whether a buyer will inherit liabilities arising from pre-transfer dismissals made by administrators. Under TUPE, buyers should not inherit liabilities relating to pre transfer dismissals made for an economic, technical or organisational (ETO) reason connected with the transfer which entails... Continue reading
Posted Apr 4, 2013 at Mills & Reeve: HR Law Live
Whether an employer recognises a trade union is determined in accordance with section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992. The two constituent elements require, firstly, an agreement between the employer and trade union in relation to one or more of six specified matters (such as... Continue reading
Posted Mar 15, 2013 at Mills & Reeve: HR Law Live
In PDAU v Boots Management Services, the Central Arbitration Committee (CAC) has given a further indication of the extent to which UK employment legislation is being challenged, and found to be incompatible, with rights afforded to employees under the European Convention of Human Rights (ECHR). The Trade Union & Labour... Continue reading
Posted Feb 12, 2013 at Mills & Reeve: HR Law Live
In Liddell's Coaches v Cook, the EAT has explored how you assess whether TUPE applies to contracts of short-term duration. TUPE does not apply in the outsourcing context (i.e. where a person either outsources an activity, “in-sources” it or changes the identity of the contractor) if the activities relate to... Continue reading
Posted Nov 14, 2012 at Mills & Reeve: HR Law Live