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TUPE update
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

Recent decisions of the EAT have considered (1) whether TUPE applies where services are fragmented following a re-tendering exercise and (2) how collectively agreed terms apply post-transfer


Consultant was in breach of confidentiality obligations
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The High Court has held that a consultant was in breach of obligations of confidentiality to a former client, when he misused confidential information to develop a competing product for another party (Vestergaard Frandsen AS and others v Bestnet Europe Limited and others


Mistake results in part-timer receiving full-time salary
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

Barclays Bank discovered one day that one of its part-time employees, Mrs Keenan, had been receiving salary at the full-time rate for a number of years


Working time opt-out
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • March 13 2009

The European Commission has rejected the European Parliament's proposal to discontinue the opt-out from the maximum average 48-hour week


Offshore workers lose holiday claim in the Employment Appeal Tribunal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

The EAT has held that offshore workers can be required to take their annual holiday entitlement under the Working Time Regulations (WTR) during onshore field breaks (Craig and others v Transocean International Resources Ltd and others


Pensions and unfair dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 13 2009

In Roberts v Aegon, the EAT has held that when calculating compensation for unfair dismissal, loss of earnings and pension loss can be approached differently


How fair is your redundancy process?
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

The EAT, in the case of E-Zec Medical Transport Services Ltd v Gregory, has held that a redundancy dismissal was unfair where the application of the selection criteria was based on a manager's subjective personal judgement, unsupported by any objective evidence


Consultation on the public sector equality duty
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

The Government Equalities Office has published a consultation on the proposals for public sector equality duties under the Equality Bill


Minimum wage for apprentices
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

The Government has asked the Low Pay Commission to consider the detailed arrangements for an apprentice minimum wage under the NMW framework and to recommend the rate and arrangements that should replace the existing exemptions, together with the timing for its introduction


Terminating agency workers in a downturn what will change when the Agency Workers Directive is implemented?
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

BMW was criticised for being opportunist when it recently terminated the engagement of a large number of agency workers at its Mini manufacturing plant in Cowley, Oxford, giving them only one hour's notice