A covenant can either represent a commitment to do something or a commitment not to do something. In either case, the party faced with a breach of the covenant has a range of options available to them for obtaining a…
Employers who are making employees redundant and intending to use compromise agreements should note that from 6 April 2011 the operation of PAYE changes in relation to payments made after an employee has been issued with their P45. From…
Employers are reminded that the Employment Equality (Repeal of Retirement Provisions) Regulations 2011 come into force on 6 April 2011. This means that the last date on which an employer can lawfully notify an employee of a retirement dismissal…
The Employment Appeal Tribunal (EAT) has ruled that an individual cannot bring a discrimination claim based on an advertisement for a job they had no interest in taking. There can be no discrimination where the advert has not had any…
The Government has confirmed that the ‘Default Retirement Age’ (DRA) will be abolished in order to give people more choice as to when they stop working. Currently, the DRA enables employers to make staff retire at 65, regardless of…
What is TUPE? TUPE is an acronym for the Transfer of Undertakings (Protection of Employment) Regulations 2006. Where TUPE applies, employees automatically transfer from one employer to another with their terms of employment and continuity of service intact. When does…
Prior to the introduction of the Equality Act 2010, the position on discrimination by association was inconsistent across the various strands of discrimination law and far from clear. For example, the wording of the Disability Discrimination Act 1995 (DDA)…
In the past, the Employment Tribunal had to decide whether or not someone who was repeatedly taunted as being gay could be a victim of harassment under the Employment Equality (Sexual Orientation) Regulations 2003, even where that person was…
Nadia Eweida, the British Airways (BA) employee who earlier this year lost her case at the Court of Appeal that she was the victim of religious discrimination because she was not allowed to wear a silver crucifix at work if…
The Employment Appeal Tribunal (EAT) has ruled (Wood v London Colney Parish Council) that where the economic activity of a bar was temporarily suspended, owing to the loss of the premises licence, this did not prevent a relevant transfer…
