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UK: Government acts to limit backdated holiday pay claims with effect from 1 July 2015
The government has laid regulations before Parliament to impose a two-year limitation on unlawful deductions from wages claims. The regulations come into …
Europe: ECJ rules that obese employees may be disabled
In a decision on 18 December 2014[1], the European Court of Justice (ECJ) has recognised that obesity can, in certain circumstances, entail …
UK: TUPE - impact of transfer on time limit for harassment claim
A transferee may face claims for pre-transfer harassment lodged more than three months after the transfer where the perpetrator continues to harass …
UK: Changing terms and conditions - need for acceptance and consideration
Employers wishing to change an employee's terms and conditions need to establish both the employee's agreement to the change, and that consideration has …
UK: Redundancy - preferential treatment required for employee on maternity leave where roles restructured
Where an employer decides to replace two roles, one of which is currently held by an employee on maternity (or other family-related) leave, with a new …
UK: Statutory holiday pay - no appeal over ruling on retrospective claims
In last month's e-bulletin we reported the landmark EAT judgment in Bear Scotland v Fulton that pay for the 4 weeks' EU statutory holiday …
UK: New publications - employment status review, industrial disputes report, and guidance on BYOD, tax-free childcare and surveillance
BIS has launched an employment review intended to "help clarify and potentially strengthen the employment status of up to a million British …
UK: Shared parental leave - further regulations and guidance
BIS has published further sets of draft regulations connected with the new SPL regime, available here. These extend the regime to parents fostering …
UK: Constructive dismissal - claim not prevented by employee's prior repudiatory breach
The EAT has ruled that an employee who has committed a prior repudiatory breach can still bring a constructive unfair dismissal claim, in this case based …
UK: Tribunal breach of contract claims - set-off defence available to employer as alternative to counterclaim
The EAT has confirmed that an employer facing a breach of contract claim in the tribunal may be able to recover sums owed to it by the employee (eg, …
UK: Discipline - no breach of duty in instituting disciplinary proceedings where within range of reasonable responses
Employers will not breach their duty of care by starting the disciplinary process where this is objectively within the range of reasonable responses, …
UK: Termination - employees can be held to notice period and need not be paid if they refuse to work
The Court of Appeal has upheld a High Court ruling that, if an employee leaves without giving contractual notice (save in constructive dismissal …
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