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UK: Appeal news - collective redundancies, tribunal fees
The ECJ has confirmed that it will deliver its ruling on the UK trigger for collective redundancy consultation in the Woolworths case on 30 April 2015 …
UK: Harassment - potential liability for damages to indirect victim
An employer could be vicariously liable under the Protection from Harassment Act 1997 for harm caused by an employee harassing a colleague, including …
UK: TUPE - SPC despite service being provided to more than one client
The EAT has ruled that there can theoretically be a change of service provider covered by TUPE even where the service is provided to more than one client …
UK: Disability - type 2 diabetes controlled by abstention from sugary drinks is not disability, according to EAT
Type 2 diabetes is not necessarily a disability for employment purposes, according to the EAT. A claimant did not satisfy the definition of disability …
UK: Duty to make reasonable adjustments: employers not fixed with constructive knowledge of disability provided took reasonable steps to investigate
An employer's failure to investigate discrepancies in an occupational health report (which found no disability) will not necessarily fix it with …
UK: Small Business, Enterprise and Employment Act 2015 - mandatory gender pay gap reports and zero hours contracts
The Small Business Enterprise and Employment Bill also received Royal Assent on 26 March, though commencement orders will be needed to bring the …
UK: Legislative changes October 2015 - tribunal recommendations and NMW
The Deregulation Act 2015, given Royal Assent on 26 March, removes the current power of employment tribunals to make wider recommendations for the …
UK: Legislative changes April 2015 - family-related leave, rates, Acas Code
The new shared parental leave and pay regime came into operation on 5 April 2015 (applying to parents of children expected to be born, or placed for …
UK: Tribunal confirms that UK regulations can be read as requiring commission to be reflected in statutory holiday pay
Readers will be familiar with recent EU and UK caselaw ruling that the UK Working Time Regulations fail to properly implement EU law, which …
UK: Review of tribunal fees; prohibition on enforced subject access requests for criminal records; FCA/PRA whistleblowing proposals
The Business Secretary is reported to have launched a review of employment tribunal fees in light of inaction from the Ministry of Justice (see …
UK: State and diplomatic immunity - Court of Appeal rules on employment claims
The Court of Appeal has held that foreign staff employed at embassies in the UK could bring race discrimination and holiday pay claims; it considered …
UK: Termination - employers can rely on historic repudiatory breach to dismiss summarily on discovery of the breach
Employers may be able to dismiss summarily and defeat a wrongful dismissal claim if they discover a repudiatory breach by the employee, even where the …
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