Author Archives: mburn

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Reduction in Headcount not necessary for Redundancy

Posted on by mburn

The 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

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Workers who are sick on holiday are entitled to extra time off

Posted on by mburn

In 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

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Pay in lieu of notice and gross misconduct

Posted on by mburn

The 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

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Jubilee Bank Holiday

Posted on by mburn

Tuesday 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

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Redudancy and suitable alternative employment

Posted on by mburn

In 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

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Costs in the Employment Tribunal

Posted on by mburn

The 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

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Qualifying period for unfair dismissal from 06 April 2012

Posted on by mburn

From 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

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Changing terms and conditions of employment

Posted on by mburn

In 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

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Compromise agreements under the Equality Act 2010

Posted on by mburn

You 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

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TUPE – what is an organised grouping of employees?

Posted on by mburn

In 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

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