In an important test case, the Court of Appeal has been asked to decide whether the test of ‘proportionality’ laid down by the European Convention on Human Rights (ECHR) should be applied to unfair dismissal cases (Turner v East Midlands…
An employment contract which was retained and not signed by the relevant worker remains valid for the purposes of enforcing restrictive covenants contained within it, a High Court judge has ruled. Benefits received by the worker under the terms of…
The Court of Appeal has urged employment tribunals to ensure that an exception to National Minimum Wage (NMW) legislation, designed to benefit both employers and workers, is not exploited as a device to obtain cheap domestic labour. The court was…
The level of protection afforded to those who carry out work for someone else is not provided on a uniform basis. Some employment rights are conferred only on employees, whereas other rights are available to a wider category of workers,…
Currently, bringing an employment tribunal (ET) claim is free of charge. However, the cost of running the ET service is £84 million per annum. Earlier this year, as part of the Government’s Employment Law Review programme, the Ministry of Justice…
A service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) takes place when, immediately before the transfer, there is an ‘organised grouping of employees’ situated in Great Britain which has as its principal purpose the…
Businesses will welcome an Employment Appeal Tribunal (EAT) finding that, in some straightforward redundancy situations, where a decision is made to eliminate a single role, it may be reasonable for an employer not to consider establishing a selection pool. In…
A council has been fined £250,000 following the dumping of former employees' pension records in an over-filled paper recycling bin in a public car park. The council had outsourced the digitisation of the records to a third-party processor without agreeing…
Helpful guidance on the calculation of periodical payments (popularly known as maintenance payments) in a divorce settlement has been provided by a High Court judge in a recent case. In deciding a contested claim for maintenance, Mr Justice Mostyn expressed…
When a sporting goods distributor terminated its distribution/licensing agreement with a manufacturer, the distributor claimed that the termination was because the contract had been repudiated by the manufacturer. The distributor sought damages for the loss of profit for the remaining…
