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UK: TUPE - meaning of organised groupings and ETOs
The EAT has confirmed that, where a client transfers its work to a new contractor, there will not be a service provision change under TUPE simply …
UK: Voluntary redundancy/early retirement: employers may be able to set budget and use severance cost as a criterion for selection of volunteers
An employer may be justified in selecting those with the cheapest entitlements under a voluntary redundancy/early retirement scheme when seeking to …
UK: Termination - no break in continuity of service where resignation withdrawn
The EAT has confirmed that, where an employer accepts the withdrawal of an employee's resignation, continuity of service is retrospectively …
UK: Maternity rights - reference to ECJ on rights of mother through surrogacy
A tribunal is to refer to the ECJ the question of whether a mother expecting a baby through surrogacy is entitled to maternity leave and various benefits …
UK: Unfair dismissal - Supreme Court rules on rights for international commuters based in Britain
Employees who live in Britain and commute to work abroad may have unfair dismissal rights in Britain, particularly if the employment contract is governed …
UK: Unfair dismissal - qualifying period increase to affect new joiners only
The Department for Business, Innovation and Skills (BIS) has informally stated that the planned increase in the qualifying period for unfair dismissal …
UK: Parental leave - changes delayed to March 2013
Under EU law, unpaid parental leave (available to parents of children under 5) must be increased from the current 13 weeks to 18 weeks by 8 March 2012, …
UK: Collective redundancy threshold - possible challenge to meaning of establishment
A recent tribunal decision could form the basis of an appeal challenging the concept of "establishment" for the purposes of the collective redundancy …
UK: Statutory holiday - public sector workers can rely directly on EU directive
The ECJ has ruled that Article 7(1) of the Working Time Directive providing a right to 4 weeks' leave has direct effect. This means that public …
UK: Repeated renewals of fixed term contract - justified if for recurring temporary cover
EU law requires the repeated use of fixed term contracts to be objectively justified. In Great Britain employees who have been continuously …
UK: 48 hour working week - employers can rely on reasonable policy to refuse overtime to non-opted out employees
It is lawful for employers to adopt a reasonable policy of refusing overtime to employees who have not opted out of the 48 hour maximum working …
UK: Disability - employers may need to make reasonable adjustments to a practice even if it does not apply directly to disabled employees
The EAT has confirmed that employers should consider reasonable adjustments to policies or practices which do not apply directly to disabled employees …
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