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When does a change in service provider constitute a TUPE transfer?
- Squire Sanders
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- United Kingdom
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- July 17 2009
In Metropolitan Resources Ltd v Churchill Dulwich Ltd & ors the EAT has now made it clear that in trying to work out whether a change in service provider constitutes a TUPE transfer the parties (and ultimately a Tribunal) should ask themselves two questions
Are workers on long-term sick entitled to paid annual leave?
- Squire Sanders
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- United Kingdom
- -
- June 26 2009
Believe it or not, the Tribunals and Courts have been debating this issue since 2003 when Mr Ainsworth and his colleagues first presented their claims for unpaid holiday pay
Exercise care when drafting discretionary bonus schemes
- Squire Sanders
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- United Kingdom
- -
- March 31 2009
If employers wish to retain a wide discretion when it comes to paying bonus payments they need to be very clear about which elements of the scheme are discretionary merely using the word "discretionary" will not be sufficient to avoid the risk of a claim
Careless talk, costs, lies
- Squire Sanders
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- United Kingdom
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- May 28 2009
In Daleside Nursing Home v Matthew the Employment Appeal Tribunal decided earlier this year that an Employment Tribunal should have considered a costs award on the grounds of unreasonable behaviour against a Claimant found to have lied about a central plank of her allegations
French Supreme Court seeks to curtail employers’ discretion
- Squire Sanders
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- France
- -
- June 26 2009
The Employment Chamber of the French Supreme Court recently ruled that whilst employers retain the right to grant bonuses to some employees and not others, any difference in treatment must be justified in an objective manner
Do employees have the right to be legally represented at disciplinary hearings?
- Squire Sanders
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- United Kingdom
- -
- March 31 2009
Possibly, but only if you are a public sector employer and the charges against the employee are sufficiently serious
Be clear about the termination date
- Squire Sanders
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- United Kingdom
- -
- April 23 2009
Negotiations over the terms of a Compromise Agreement can sometimes become protracted and the proposed termination date set out in the draft Agreement may come and go
French court outlaws snooping
- Squire Sanders
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- France
- -
- April 23 2009
In a recent case the French Supreme Court ruled that unless there are exceptional circumstances, such as a bomb scare, employers have no legal right to search the contents of their employees’ bags unless they have given their prior consent
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- Firm Name - Squire Sanders
- Author - David Whincup
- Author - Mark Shrives-Wright
- Workarea - Litigation