Author Archives: mburn
← Older postsReduction in Headcount not necessary for Redundancy
June 28, 2012The EAT in Packman v Fauchon has clarified that there can be a redundancy even where the headcount remains the same. In this case the Claimant was employed as a book-keeper. There was a downturn in business, and the employer … Continue reading
Posted in Oxford Employment Law | Leave a commentWorkers who are sick on holiday are entitled to extra time off
June 21, 2012In Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales and ors the ECJ has held that the EU Working Time Directive requires that a worker who is sick during paid annual leave is able to … Continue reading
Posted in Oxford Employment Law | Leave a commentPay in lieu of notice and gross misconduct
May 31, 2012The Court of Appeal has decided in the case of Cavanagh v William Evans Ltd that an employer which terminates an employee’s employment contract under an express term which allows summary termination with payment in lieu of notice, cannot thereafter … Continue reading
Posted in Oxford Employment Law | Leave a commentJubilee Bank Holiday
May 24, 2012Tuesday 5th June 2012 has been designated an extra Bank Holiday to celebrate the Queen’s Diamond Jubilee. The spring Bank Holiday which usually falls at the end of May has been moved to Monday 4th June to give a 4-day … Continue reading
Posted in Oxford Employment Law | Leave a commentRedudancy and suitable alternative employment
May 9, 2012In a recent decision, the EAT has overturned an Employment Tribunal’s decision of unfair dismissal because of inadequate consultation and subjectivity in the employer’s assessment of the Claimant for alternative employment. In the case of Samsung Electronics (UK) v Monte … Continue reading
Posted in Oxford Employment Law | Leave a commentCosts in the Employment Tribunal
April 23, 2012The recent case of Doyle v North West London Hospitals NHS Trust has confirmed the Employment Appeal Tribunal’s view on how the ability of a party to employment tribunal proceedings to pay the costs of the other party should be … Continue reading
Posted in Oxford Employment Law | Leave a commentQualifying period for unfair dismissal from 06 April 2012
March 29, 2012From 6 April 2012 the minimum qualifying period to claim unfair dismissal rises from one to two years. The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 will come into force on 6 April … Continue reading
Posted in Oxford Employment Law | Leave a commentChanging terms and conditions of employment
March 29, 2012In the recent case Garside and Laycock Ltd v Booth UK EAT/0003/11, the EAT set out the legal issues that employers need to take into consideration when considering reducing employee pay. When an employer wants to make changes to the … Continue reading
Posted in Oxford Employment Law | Leave a commentCompromise agreements under the Equality Act 2010
March 6, 2012You may not have noticed, but there was a right old furore over the drafting of s147 of the Equality Act 2010, which if interpreted one way meant that an employee could not compromise any claims arising under the Equality … Continue reading
Posted in Oxford Employment Law | Leave a commentTUPE – what is an organised grouping of employees?
March 6, 2012In the recent decision of Eddie Stobart Ltd v Morman the EAT decided that for there to be a service provision change under Reg 3 (1) (b) of TUPE 2006, it is not enough to say that employees will transfer … Continue reading
Posted in Oxford Employment Law | Leave a comment ← Older posts