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UK: TUPE - payments for loss of pension rights should be separated out from payments to continue in employment
The Court of Appeal has confirmed that payments to employees on a TUPE transfer made partly to compensate for the loss of pension rights and partly as an …
UK: Compromise agreement - scope of legal fees indemnity
Where a compromise agreement includes an indemnity for legal fees incurred in "any administrative, regulatory, judicial or quasi-judicial proceedings" as …
UK: Employment status - university sponsorship contract not employment
A contract under which a company sponsored a student's university course and provided paid 'industrial training' during holidays did not amount to an …
UK: Discrimination - voluntary commitment to anonymous CVs
The use of anonymous CVs was mooted by the Liberal Democrats in their election manifesto and proposed as an (ultimately unsuccessful) amendment to the …
UK: Executive remuneration - Government outlines proposals
The Government has given its outline response to its consultation on executive remuneration published in September last year (see our Herbert Smith …
UK: Marital status discrimination - less favourable treatment because of marriage to a particular person is unlawful
Treating someone less favourably because they are married to a particular person is unlawful, according to a recent EAT decision. The claimant alleged …
UK: Pre-transfer dismissal can be transfer-connected even where no transferee identified at time
The Court of Appeal has resolved conflicting EAT decisions and ruled that a dismissal can be "transfer-connected" even if the transferor has yet to …
UK: Statutory holiday - non-working periods can be holiday
The Supreme Court has upheld a decision of the Court of Session that employers can designate as statutory holiday periods of time where the employee is …
UK: Confidential information cannot be protected by barring order or premature application for injunction
Case law has established that it may be possible to injunct a professional adviser from acting as an expert for one party to a claim when it had …
UK: Inequality in discretionary benefits - Employers may benefit from uncertainty over division between sex discrimination and equal pay claims
Equal pay claims can only be brought where there is a contractual term which is modified or included as a result of the equality clause which statute …
UK: Consultation on tribunal fees
The Ministry of Justice has launched its consultation, Charging Fees in Employment Tribunals and the Employment Appeal Tribunal, seeking views by 6 March …
UK: New resources - December 2011
Acas has published new guidance on winter workplace issues.
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