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UK: Equal pay - employers may not need to freeze comparator's pay to remove TUPE-related pay disparity
Where a pay disparity arises on a TUPE transfer (eg, due to higher transferor pay levels), this may provide the transferee employer with a "material …
UK: Holiday - statutory entitlement carried over when employee sick for full year
The EAT has confirmed that statutory holiday entitlement can be carried over to the following holiday year (notwithstanding that this conflicts with the …
UK: Retirement - requests to continue working must be considered in good faith
The EAT has upheld a tribunal ruling that requests to continue working past retirement age (under the now defunct default retirement age statutory …
UK: Employment status - reality of relationship trumps contractual terms; arbitrators not employees under discrimination law
The Supreme Court has confirmed that the employment status of an individual will be determined by the reality of their relationship with the …
UK: Sexual orientation - discussing employee's homosexuality may not be unlawful
The Court of Appeal has ruled that it will not necessarily be unlawful discrimination for a manager to mention an employee's homosexuality to others …
UK: Unfair dismissal - whether pay cut proposals apply to management as well as staff could impact on fairness of dismissal for refusing pay cut
The EAT has confirmed that, in deciding whether it was fair to dismiss an employee for refusing to take a pay cut, the issue is whether it was reasonable …
UK: Consultation on specialist disability employment programmes
The Government is consulting on specialist disability employment programmes, ending on 17 October 2011.
UK: No extension of right to time off to train
The Government has published its response to the consultation on the right to time off to train, confirming that the right will not to be extended to …
UK: Pensions automatic enrolment
Many companies still need to consider how they will implement pensions automatic enrolment and, with most employers required to become automatic …
UK: The Davies Report on women on boards
The Davies Report on women on boards published in February 2011 recommended that executive search firms should draw up a voluntary code of conduct to …
UK: HMRC tax concession for legal fees on termination
Earlier this year the HMRC codified the tax concession (ESC A81) for legal fees on termination (see our March 2011 ebulletin). The drafting …
UK: New resources - July 2011
Herbert Smith guide to the changes to the Takeover Code in force from 19 September 2011 Herbert Smith ebulletin on the Alternative Investment …
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