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Results: 11-20 of 81

TUPE and liability for equal pay
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The Court of Appeal has upheld the decision of the EAT, in Gutridge v Sodexo, that following a TUPE transfer a transferee can be liable for the transferor's equal pay breaches


Attempts at conflict resolution did not prevent disciplinary action
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

In West London Mental Health NHS Trust v Sarkar, the EAT held that the employer's actions in seeking to resolve complaints against Mr Sarkar through an internal "Fair Blame Policy", designed to deal with less serious matters, did not mean that his subsequent dismissal for gross misconduct was unfair or outside a range of reasonable responses open to the employer


Consultation on "whistleblowing claim forms"
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The Department for Business, Innovation and Skills has issued a consultation on a proposal that tribunals should have the power, in claims involving whistleblowing, to pass details of alleged wrongdoing relied upon by the whistleblowers in tribunal claims to a "relevant regulator" for investigation


Employers must act on suspicion of misconduct or lose right to rely on it
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The Court of Appeal has held that if an employer suspects an employee to be guilty of misconduct, it should instigate disciplinary proceedings against the employee or reserve its position to bring future disciplinary proceedings against the employee


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


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


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


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