WynLewis, Author at Goldenleaver - Page 2 of 5
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Collective redundancies just got more complicated… again. It's a shame, because they had become simpler after the Woolworths case confirmed that you only have to focus on establishments within a business (rather than on a business as a whole) when deciding whether to consult collectively in a redundancy situation. Problem:  the trigger point for when an employer has to start consulting about collective redundancies may have been brought forward to a time that many employers would regard as being no more than an...

Varying a contract of employment should be one of the simplest tasks.  Apparently it isn't.  It seems that there's no limit to the number of ways to get it wrong. Hot on the heels of my last comment on this topic in Wess v. Science Museum Group - where the employer got it right - are three more cases that focus on the same topic, but where employers seem to have ignored their basic contract law and public sector employers have wasted...

For those of you who like to know such things, these are the new rates for the main statutory payments and for the new capped amounts for compensation from 6th April 2015 onwards. The exception - one wonders why, but let's thank the Government anyway for this extra layer of complexity - is that the SMP, SAP and ShPP rates apply from 5th April 2015 (i.e. one day earlier). SMP/SAP/ShPP: up to £139.58 (from £138.18) per week. MA: up to £139.58 (from £138.18) per...

Finally we have (almost) official confirmation that the 20+ trigger for collective redundancies isn't relevant until the number of redundancies at individual sites each meets that threshold. But as the Ghost of Woolworths exits stage left (no doubt muttering "Collective redundancies - to consult, or not to consult: that is the question") - is the farce over? Possibly not...

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 virtual; and this wasn't the subject of a science fiction novel. The issue is this: how far removed (physically or otherwise) from Great Britain does someone have to be before they...

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 about how to go about doing it effectively? Faced with this situation, some employers just "do it" and see what happens. It's not a particularly bad ploy if the changes are...

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 having failed to provide Employee Liability Information. Is it significant?  Yes, because providing Employee Liability Information at least 28 (previously 14) days before a TUPE transfer takes place has long been regarded by...

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 that most lawyers are programmed not to take chances and not to speculate, other than on the most unusual occasions (and then with a disclaimer, or even an indemnity). Imagine my...

Buses often come in threes. The same principle now seems to apply to TUPE cases. Here are some recent examples of TUPE in triplicate, to ease you from late Summer into early Autumn. TUPE: can you resign and successfully claim constructive dismissal, or that you have been dismissed, if your travelling time increases after a TUPE transfer? "It depends" is the answer. It's a "yes" if you rely on the 2012 case of Musse v. Abellio, when a relocation of 6 miles (Westbourne Park...

Can you hear fanfares of trumpets? You should. Because starting today, 31 July 2014, employers with fewer than 10 employees (i.e. employers with 1 to 9 employees, but not employers who have 10 or more employees) no longer have to invite those employees who are affected by a TUPE transfer to elect representatives with whom to inform and consult about that transfer. Instead, you can inform, consult and deal directly with those employees, without the risk of paying up to 13 weeks'...