Despite the gloomy time of year, there are at least three reasons to be cheerful today: 'Blue Monday' (20 January) is out of the way, January is very nearly over, and Bevan Brittan's first News Round-Up of 2014 is here. And, as if is not enough, this is a special 'New Year New TUPE' edition, in which Sarah Lamont
looks at what the 2014 TUPE regulations will mean for you, alongside other recent developments in the world of employment law.
Mike Smith reports on a case which considered the question of whether agency workers can only be deemed to be employees of end-user clients if it 'necessary' to do so. The Employment Appeal Tribunal reviewed recent case law on this issue, and confirmed the principles which should be applied when determining employment status.
The New Year promises to be as eventful as ever in relation to employment law developments. Hot on the heels of the new TUPE Regulations coming into force this month, from April onwards we will see a raft of new measures coming into force over the course of the year. We are also anticipating some key decisions to be published by the appeal courts. Bevan Brittan's Head of Employment & Pensions, Julian Hoskins
, takes you through the highlights of the year ahead.
As we approach one of the biggest festivals in the Christian calendar, the Court of Appeal has looked at whether a Council was justified in asking a Christian care worker to work weekends, despite her belief that Sunday should be a day of rest. In coming to its decision, the Court of Appeal has helped to 'fill in the gaps' in our understanding of the 'group disadvantage' aspect of indirect religious discrimination, following the decision of the European Court of Justice in Eweida v UK, earlier this year. Sarah Maddock
looks at where these recent cases leave us.
Laurie Child brings you the final Employment news round-up of 2013 - and the baubles on Laurie's Employment Law Christmas Tree are: the latest details on shared parental leave; whistleblowing news; details of the proposed new Acas Code following the EAT's surprise decision earlier this year, that an employee's choice of companion does not have to be reasonable – plus the commencement date for new TUPE has been announced.
It's an all too common problem for employers: how to deal with the fair dismissal of an employee who has been absent from work for a prolonged period of time due to ill health. A recent Scottish Court of Session case, called BS v Dundee City Council, has provided welcome clarity on this difficult question. John Moore
looks at the details.
Julian Hoskins provides a summary of the key workforce aspects of the government's response to the Francis Inquiry, and also sets out the latest employment law news stories for this month, including: new Acas guidance on redundancies, new guidance on preventing illegal working, the latest on the game-changing 'Woolworths' redundancy case and an update on two Judicial Review applications: on employment tribunal fees and the new 12 months' earnings limit on unfair dismissal awards.
Bevan Brittan's employment team regularly advises on a range of issues relating to equalities, and we have been dealing with several cases recently in respect of the duty to make reasonable adjustments for disabled employees. James Gutteridge answers some of the tricky and common questions which arise in relation to this thorny issue.
An important exception from the TUPE Regulations applies to short term contracts but we have, until recently, had very little guidance on how this should be applied. Victoria McMeel looks at a case which sheds some light on this issue and outlines how the exception now works in practice.
This month's news round-up is brought to you by Joanna Smart
and covers: 'surrogacy leave' – the latest position; age discrimination and enhanced severance payments; changes to the 'right to accompanied'; the impact of fees in the employment tribunal and updates on the Judicial Review of the legality of tribunal fees and the introduction of employer 'penalties'.