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'Fair Deal' on pensions - 31/10/13

On 4 October 2013, the Treasury published the revised Fair Deal Guidance, confirming the Government’s previously stated intention that, in future, employees who are transferred out of many forms of public service employment on outsourcing contracts will be able to remain members of their existing public service pension scheme. In addition, on a re-tendering of an existing contract, employees will be able to transfer back into the public-sector pension scheme to which they would have been entitled to be a member before the original transfer. Alec Bennett sets out the detail.

Private medical treatment is a 'reasonable adjustment' - 31/10/13

You may be forgiven for thinking that the provision of private healthcare would be beyond the scope of an employer's duty to make 'reasonable adjustments' for disabled employees. But, apparently not - according to the Employment Appeal Tribunal ('EAT') in the recent case of Croft Vets v Butcher. Jodie Sinclair explains more.

Disability-related absence: EAT guidance - 26/09/13

Whilst it is generally accepted that disabled employees may have higher levels of sickness absence, it can be difficult for employers to decide how to apply their normal sickness absence policy in these circumstances. Earlier this month, the Employment Appeal Tribunal helpfully provided useful guidance on possible approaches that an employer may adopt, in order to make allowances for disabled employees who have a greater chance of contracting 'ordinary ailments' linked to their disability. Sarah Maddock explains more.


Employment news round-up - 26/09/13

This month's news roundup is brought to you by Sarah Michael and covers: the latest on the ‘Woolworths’ redundancy case, full face veils in the workplace; dismissals for gross misconduct, subject access requests, social media in recruitment, third party harassment and the latest employment tribunal statistics.

TUPE update - 26/09/13

Anne Palmer provides us with a summary of what has been happening in the ever-changing world of TUPE in September. This includes a review of the long-awaited Government Response to the TUPE Consultation, which was originally launched in January 2013, and a summary of a recent EAT decision dealing with service provision changes and the meaning of an "organised grouping of employees".

Employment news round-up, July 2013 - 31/07/13

Aside from news of the new Royal Prince, the other hotly anticipated media event of this month is (possibly) Mike Smith's round-up of July's employment law developments.  William and Kate will not be the only people adjusting to a new world of change this month: in the employment law sphere, we have seen some key developments this month, including the introduction of fees in the employment tribunal and employment appeal tribunal, new employment tribunal rules, the re-naming of Compromise Agreements as 'Settlement Agreements' and the introduction of ‘pre-termination discussions’.  We also report on the ‘employee shareholder’ scheme and a new whistleblowing call for evidence. 

Establishment challenged – redundancy law rewritten - 31/07/13

In a ground-breaking decision, the Employment Appeal Tribunal (EAT) has made a major change to collective redundancy law.  The EAT looked at whether the collective redundancy consultation duty is  triggered when 20 or more employees across a whole organisation are potentially affected by proposed redundancies; or when 20 or more employees are potentially affected at any individual establishment, within the larger organisation (such as various regional offices)? As the EAT characterised it, should employers take a site by site 'atomised' approach or a 'holistic' approach?  As Julian Hoskins reports, the EAT has said that a holistic approach should be taken, thereby dramatically widening the scope for employers' collective consultation obligations to bite. 

How far must an employer go to make reasonable adjustments? - 31/07/13

Should an employer always waive the requirement for a competitive interview where a disabled employee would be 'substantially disadvantaged ' by the process?  In the case of Wade v Sheffield Hallam University, the Employment Appeal Tribunal (EAT) considered whether a university breached its duty to make reasonable adjustments by refusing to waive a competitive interview requirement.  The EAT held that an employer will not be expected to transfer a disabled employee to a role without an interview if the employer genuinely believes the employee to be unsuitable.  Alastair Currie reports.

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.
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