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No service provision change where client changes

RPC
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United Kingdom
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July 27 2012

Hot on the heels of Hunter, in the recent case of Taurus Group Ltd v Crofts and another, the Employment Appeals Tribunal (EAT) has held that there is no transfer under the service provision change definition if the change of a contractor comes with a change in the client for whom the services were being carried out

Indemnity in compromise agreement did not cover criminal proceedings

RPC
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United Kingdom
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February 3 2012

A compromise agreement signed by Andy Coulson when he left his position of Editor at the News of the World indemnified Mr Coulson against the legal costs of him “having to defend, or appear in, any administrative, regulatory, judicial or quasi-judicial proceedings as a result of his having been Editor of the News of the World.”

Record compensation award of £4.5m

RPC
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United Kingdom
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February 3 2012

A tribunal has recently awarded £4.5m in compensation to a doctor employed by Mid Yorkshire Hospitals NHS Trust having found the Trust and three senior employees responsible for race and sex discrimination

Employee did not suffer detriment in not being allowed to work overtime after refusing to opt out of Working Time Directive

RPC
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United Kingdom
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February 3 2012

In Arriva London South Ltd v Nicolaou an employee who had refused to opt out of the Working Time Directive (WTD) was not permitted to work overtime

Whistleblowing and vicarious liability

RPC
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United Kingdom
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January 11 2012

In the recent case of NHS Manchester v Fecitt & Others, the court decided that employers are not to be accountable where their employees victimise their whistleblowing colleagues

Ministry of Justice consultation document on charging fees in Employment Tribunals released

RPC
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United Kingdom
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January 11 2012

The consultation document puts forward two fee options for the Employment Tribunal

Supreme Court decision on unfair dismissal and contractual damages claims

RPC
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United Kingdom
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January 11 2012

In Edwards v Chesterfield Royal Hospital and Botham (FC) v Ministry of Defence, Mr Edwards claimed that had certain flaws in the contractual disciplinary process not occurred, the panel would not have found against him and he would not have been dismissed; leading to damage to his reputation

New guidance on whether a dismissal is ‘connected with’ a TUPE transfer

RPC
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United Kingdom
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January 11 2012

The Employment Appeal Tribunal has held that if an employee is dismissed at a time when a transfer is more than a vague possibility it will be ‘connected with’ the transfer and will be automatically unfair under the TUPE regulations

Annual leave and long term sickness absence

RPC
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European Union, United Kingdom
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January 11 2012

In KHS AG v Schulte, the European Court of Justice (ECJ) decided that an employee who is unfit for work over several consecutive years can carry-over annual leave, but not indefinitely

Refusal to spend was not a failure to make reasonable adjustments

RPC
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United Kingdom
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November 30 2011

In the recent case of Cordell v FCO, the tribunal found that the Foreign & Commonwealth Office’s (FCO) refusal to pay £300,000 for a lipspeaker to support Ms Cordell (who was deaf) in a potential posting to Astana did not constitute a failure in their duty to make reasonable adjustments