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Results: 1-10 of 81

Holidays and sick leave: what employers need to know
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 24 2009

In our last monthly E-Bulletin, we reported that the House of Lords had handed down its judgement in the case of HM Revenue and Customs v Stringer, which concerns the vexed question of statutory holiday entitlement under the Working Time Regulations (WTR) when a worker is or has been absent on long-term sick leave


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


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


Clear language required in COT3 to compromise future claims
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2009

One of the advantages of COT3 agreements over compromise agreements is the greater certainty that the COT3 provides when it comes to the employee waiving future statutory claims of which the employee and employer have no (and can have no) knowledge at the time the settlement is agreed


Full time comparator must be real
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The EAT has held that, in order to succeed with a claim for less favourable treatment under the Part-time Workers Regulations, a claimant must show that he or she has been less favourably treated than a real (rather than hypothetical) full-time comparator on the grounds that (but not solely because) they are a part-time worker (Carl v University of Sheffield


Equal pay and "piggyback" claims
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

In McAvoy v South Tyneside Borough Council, female employees of three local councils who worked in predominantly female jobs brought equal pay claims under the Equal Pay Act 1970 (EqPA) arguing that their work was of equal value to men working in predominantly male jobs but who received extra bonuses


Wide definition of service provision changes under TUPE
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

The EAT has held in Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and Martin Cambridge & others that, where the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transferor, this will amount to a service provision change


Compromise agreement discussions can extend tribunal time limits
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

In the recent case of Eagles v Rugged Systems Ltd, the EAT held that the automatic three month extension to the time limit under Regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004, which provides for an automatic three month extension of time for lodging certain complaints can be triggered by negotiations aimed at compromising an unfair dismissal claim and avoiding employment tribunal proceedings


Reinstatement relevant factors
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

Employment tribunals have a wide discretion when considering whether to make an order for reinstatement, but they are required by Section 116 of the Employment Rights Act 1996 to take into account the following: whether the complainant wishes to be reinstated; whether it is practicable for the employer to comply with an order for reinstatement; and where the complainant caused or contributed to his dismissal whether it would be just to order his reinstatement


Misrepresentation and pre-employment medical questionnaires
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

The High Court has rejected a local council's claim for £1m in damages against its former managing director and held that her failure to mention her history of stress and depression in her pre-employment medical questionnaire did not amount to fraudulent and negligent misrepresentation