Author Archives: mburn

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Redudancy and suitable alternative employment

Posted on May 9, 2012 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 April 23, 2012 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 March 29, 2012 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 March 29, 2012 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 March 6, 2012 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 March 6, 2012 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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Guidance on entitlement to suspend employees

Posted on February 22, 2012 by mburn

The Court of Appeal in a unanimous decision in the recent case of Crawford v Suffolk Mental Health Partnership NHS Trust, has, in a footnote to its judgment, given guidance on the suspension of employees during disciplinary proceedings.  In this … Continue reading →

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Light duties and career breaks not ‘reasonable adjustments’

Posted on February 7, 2012 by mburn

In the recently reported case of Salford NHS Primary Care Trust v Smith, EAT, it was decided that the employer was not in breach of the reasonable adjustments duty contained in the Disability Discrimination Act 1995 by failing to offer … Continue reading →

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Tribunal awards and statutory redundancy pay – annual increases taking effect on 01 February 2012

Posted on February 2, 2012 by mburn

The cap on a week’s pay, used to calculate statutory redundancy payments (and other things), increased from £400 to £430. The maximum compensatory award for unfair dismissal increased from £68,400 to £72,300. The increased amounts will apply where the event … Continue reading →

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ACAS issues guidance on Olympics

Posted on January 25, 2012 by mburn

Acas has issued guidance on how to deal with issues arising from the Olympic Games in the summer. It starts by assuming that employees will fall into one of two groups: those who plan to take time off (to attend … Continue reading →

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