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TUPE update
- Shepherd & Wedderburn LLP
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- United Kingdom
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- October 14 2010
In this update on recent cases dealing with issues arising under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), we report on an EAT decision on what amounts to "measures", requiring information and consultation of employees and a decision that a temporary cessation of activities did not prevent a TUPE transfer
Office gossip can amount to sex discrimination and harassment
- Shepherd & Wedderburn LLP
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- United Kingdom
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- October 14 2010
In Nixon v Ross Coates Solicitors the EAT held that gossip about an employee's pregnancy can amount to pregnancy discrimination and sex harassment
Redundancy during maternity leave: question of "suitable alternative vacancy" to be determined by employer
- Shepherd & Wedderburn LLP
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- United Kingdom
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- October 14 2010
In the recent case of Simpson v Endsleigh Insurance Services Ltd, the EAT has confirmed that, in the context of a redundancy situation, whether a particular alternative vacancy is suitable for a woman on maternity leave is a question to be determined objectively by the employer, having regard for the employee's personal circumstances
Dismissal decision taken in the absence of employees was fair
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 10 2010
In Bashir v Sheffield Teaching Hospital NHS Trust, the EAT has held that the claimants' dismissal was fair, notwithstanding that the decision to dismiss had been taken in their absence
ECJ confirms that part payment of salary in vouchers is a taxable for VAT purposes
- Shepherd & Wedderburn LLP
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- European Union, United Kingdom
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- September 10 2010
In its judgment in the case of Astra Zeneca UK Limited v HRMC, the European Court of Justice has followed the Advocate General's opinion that part payment of salary to employees in the form of vouchers is a taxable supply for VAT purposes
Meaning of "occupied premises" for purposes of car pool tax exemption
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 10 2010
Providing a company car to an employee is treated as a taxable benefit but there is an exemption to the general rule where the car provided by the employer is used as a "pool car"
Disability-related discrimination: Malcolm comparator test applies in employment cases
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 10 2010
The Court of Appeal has confirmed that the narrow comparator test set down by the House of Lords in London Borough of Lewisham v Malcolm (2008) (a housing case) applies to employment cases of disability-related discrimination (Aylott v Stockton-on-Tees Borough Council
Jurisdiction and discrimination claims
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 10 2010
In Ministry of Defence v Wallis & Grocott, the EAT has held that dependants of British members of the armed forces, working for the Ministry of Defence ("MOD") abroad could bring claims for unfair dismissal and sex discrimination in the UK
Dentist's unrestricted right to nominate a substitute denied him worker status
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 10 2010
In Community Dental Centres Ltd v Sultan-Darmon, the EAT held that where an individual has an unlimited right to appoint a substitute to carry out services on his or her behalf (for any reason and without sanction) this will usually be fatal to the individual successfully claiming that they are a worker
EAT confirms Equal Pay Act is not a fair wages statute
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 10 2010
The EAT has confirmed that the Equal Pay Act requires the tribunal to focus on each discrete contractual term relating to elements of remuneration and not on the overall remuneration paid to a woman compared to a man (Brownbill and others v St Helens and Knowsley Hospital NHS Trust
Current Search
- Workarea - Employment & Labor
- Workarea - Litigation
- Jurisdiction - United Kingdom
- Firm Name - Shepherd & Wedderburn LLP
- Author - Kim Pattullo