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TUPE Regulations officially 'static' - 31/07/13

As we reported in our recent Alert, the European Court of Justice has published its long awaited decision on whether the TUPE Regulations are 'static' or 'dynamic' in relation to the enforceability of collective agreements on a public to private sector TUPE transfer.  As Sarah Lamont (a nationally recognised authority in this area) explains, this decision is highly relevant to private to public sector outsourcing exercises.

Employment Eye Alert: Is TUPE 'static' or 'dynamic'? - 18/07/13

All those working in the Human Resources and employment field are only too familiar with the fact that the TUPE Regulations rarely stand still. However, back in 2010, the Court of Appeal characterised the Regulations as 'static', in the case of Parkwood Leisure Limited v Alemo-Herron and others, when it held that Regulation 5 of TUPE 1981 (now regulation 6 of TUPE 2006) should be interpreted so that a private sector transferee is only bound by collectively-agreed terms that apply at the date of transfer. The contrary argument is that TUPE is 'dynamic' – i.e. transferring employees should have the right to benefit from future pay rises, or other changes to collective agreements incorporated into their contracts, agreed between the unions and the public sector transferor after a TUPE transfer; but the Court of Appeal preferred the 'static' approach. This decision was appealed to the Supreme Court who, in turn, referred the question of whether TUPE is ‘static’ or ‘dynamic’ to the European Court of Justice.

Change blowing in: Whistleblowing update - 28/06/13

Whistleblowing has barely been out of the headlines in recent months: criticisms in the Francis Report zeroed in on the importance of whistleblowers, and this was swiftly followed by changes to 'gagging clauses' in NHS Compromise Agreements.  This month, we saw new legislation come into force which made significant changes to the way in which whistleblowing operates.  With all the changes that have taken place, Julian Hoskins takes the opportunity to review whistleblowing past and present, and provide some practical suggestions on whistleblowing going forward.

Employment news round-up - 28/06/13

Alastair Currie looks at the latest developments that will be keeping HR practitioners and in-house Counsel busy over the Summer: the first tranche of this year’s law reform programme takes effect this month; UNISON has challenged the fee regime due to come into effect next month; the new Employment Tribunal rules have been published; Acas has published its guidance on pre-termination discussions and, finally, the new DBS online checking scheme is in place; and we provide an update on TUPE and how it applies to 'client team' transfers.

Tinker, Tailor, Soldier...Employer - 28/06/13

Are employers entitled to ‘spy’ on their employees as part of a disciplinary investigation, even if the employer already has the information it needs in order to fairly dismiss the employee?  The Employment Appeal Tribunal has looked at how a local Council has dealt with this question and has said that in certain circumstances, the answer is yes: employers may undertake covert surveillance of employees if misconduct is suspected, notwithstanding that the surveillance is part of an over-zealous investigation. Anne Palmer comes in from the cold and explains more.

Employment Eye Alert: Collective redundancy consultation – major change announced - 04/06/13

In what looks very likely to be a significant change to the rules on collective redundancy consultation, it has been reported that a decision of the Employment Appeal Tribunal overhauls the current approach to deciding whether 20 or more employees at an 'establishment' are risk of redundancy.

Acas and SOSR dismissals - 29/05/13

James Gutteridge reports on an EAT decision which looked at whether the Acas Code applies to dismissals for ‘some other substantial reason’, where the working relationship had broken down between the parties. 


Employment news round-up May 2013 - 29/05/13

Sarah Michael introduces our new Francis Report knowledge sharing website, and reports on this month’s employment law developments: it seems that it is possible to bring a post-termination victimisation claim after all, and we provide new dates for your diary in June in respect of the next tranche of employment law reform.  

TUPE: information and consultation - 29/05/13

Following a recent run of seemingly odd outcomes in TUPE cases, we are pleased to report that this month the Employment Appeal Tribunal has handed down a refreshingly clear and useful decision on how the consultation requirements under TUPE operate.  Specifically, the EAT looked at whether an employer is required to undertake consultation if a proposed transfer does not go ahead; and also whether employees in a part of an organisation which does not transfer are ‘affected’ by the transfer and are, therefore, entitled to be included in the consultation.  Sarah Lamont unpicks the detail.

Disability and recruitment - 30/04/13

Anne Palmer looks at a recent case concerning whether a prospective employer knew about the disability of a job applicant - and also provides some practical tips on the tricky question of handling recruitment and disability issues.
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