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In negotiating terms, "no" is possibly the most effective argument available to an employer, but as with all powerful tools, it is double edged and should be used with care. We have noticed an increasing trend amongst employers, particularly banks, which are going through a consolidation process, to provide a fixed termination package and settlement terms. They refuse to discuss either - regardless of the individual circumstances. It is a case of "one size fits all" and generally the size of the...

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...

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...

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 plenty of talk about this already as the EAT's decision was of such importance to businesses and workers that even the national press has been following the story. To put it...

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 that overtime which an employer is not contractually obliged to offer but a worker is contractually obliged to perform if requested, must be taken into account when calculating an employee’s...

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...

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 that the government is to propose to the Low Pay Commission that there should be a single NMW rate for apprentices and 16-17 year olds, with the apprenticeship rate rising...

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...

The government is set to ban the use of exclusivity clauses in zero hours contracts. Do you have strong views about zero hours contracts?  A lot of people do. The government launched a consultation on their use (or misuse) in December 2013. By the time that consultation closed in March 2014, it had received over a record breaking 36,000 responses. Zero hours contracts are contracts under which an employer does not guarantee to provide any work and only pays the worker for...

  Employers, be careful. Do you treat your retiring employees as good leavers? If so, do you allow them to retain valuable accrued benefits linked to incentive schemes? If your answer is "yes" to both questions, you may be guilty of unlawful age discrimination against younger employees who choose to leave for reasons other than retirement. You might also need to widen your definition of who is a good leaver as a result. Why is there a problem? Employers often divide employees into two...