Re-Use Collections Limited (Re-Use) v Mr Keith Sendall (1) and May Glass Recycling Limited (May Glass) (2) deals with some important issues that employers need to know about: What can be considered specific consideration (i.e. "value given by the employer") for the purposes of accepting new terms and conditions? Whether an employer...
Blog - Goldenleaver
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The Employment Tribunal system has brushed with Virtual Reality: you may be liable for more employees than you think. How? The rights of overseas staff have taken up many column inches in recent years; employees in virtual reality less so. Recently a problem arose about someone who was both overseas and...
The Employment Appeal Tribunal (EAT) recently announced their decision in 3 separate cases which all looked at the issue of how to properly calculate a worker's holiday pay. As a result the cases were heard together and the EAT was able to give a single decision. You have probably heard...
Varying terms and conditions of employment can be a risky business. How often have you, as an employer, wanted your employment terms and conditions to be just a little bit different? How often has this wish led you to decide that you needed to change those terms and conditions, but were concerned...
17
Nov
Shoot The Messenger?
Employers aren't liable for insurance benefits which discriminate against certain employees, especially where there are no alternative insurance products in the market, so long as (and here's the sting in the tail) they've explored what's available in that market in the first place. The case of Hall v Xerox UK Ltd,...
As you may have heard, the much anticipated day has arrived. The Employment Appeal Tribunal has given its ruling on whether non-guaranteed overtime must be taken into account for the purposes of calculating holiday pay. Please see our earlier blog – Sun, sea, sand and the ECJ The EAT has decided...
04
Nov
Teeth and TUPE
The baring of teeth in popular culture (for Halloween, the dental work in Real Wives of Orange County and by media vampires) has recently been reflected in commercial and judicial culture too. How? By an Employment Tribunal ordering a transferor to pay £65,500 to a transferee as compensation for the transferor...
If I'd been given £1 each time a client had asked me "what are my chances?" in bringing or defending a claim or in adopting a particular strategy, I wouldn't be writing this now; I would be rich enough to have retired. But I wasn't and I haven't. The reason is...
There is growing pressure from many quarters to introduce a living wage. All of the main parties at their recent conferences made promises aimed at improving the financial position of those on the national minimum wage ("NMW"). In line with Vince Cable's speech to the Liberal Democrats, BIS has already announced...
26
Sep
Injured feelings
An Employment Tribunal can award an injury to feelings award in successful discrimination cases. An injury to feelings award is a similar style award to a general damages award recovered in a personal injury case. The award is not linked to a claimant’s actual financial loss and therefore an employee...