TUPE and asset purchases

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Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

The following Employment news provides comprehensive and up to date legal information on Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

Employment weekly highlights—29 July 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—29 July 2021

Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The following Employment news provides comprehensive and up to date legal information on Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The tax implications of hybrid working arrangements

The following Employment news provides comprehensive and up to date legal information on The tax implications of hybrid working arrangements

Featured Employment content

Indirect discrimination

Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference...

Unfair dismissal remedies—general

Unfair dismissal remedies—generalCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020...

The unfair dismissal compensatory award

The unfair dismissal compensatory awardCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations...

Wrongful dismissal compensation

Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment...

Practice notes

Employment tribunal case management

Employment tribunal case managementCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

Practice notes

Interim relief in unfair dismissal

Interim relief in unfair dismissalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

Practice notes

The early conciliation requirement

The early conciliation requirementCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

In-house

Practice notes

Smoking in the workplace

Smoking in the workplaceProviding a smoke-free workplace (in enclosed or substantially enclosed premises) has been obligatory in England since 1 July...

19th May

Practice notes

Office-holders

Office-holdersIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following...

19th May

Practice notes

Sunday working

Sunday workingFORTHCOMING CHANGE: Certain aspects of the protections afforded under the ERA 1996 to shop and betting workers are to be strengthened by...

19th May

Q&As

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?For information:•on time limits for the...

19th May

Q&As

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer calculate holiday entitlement, and how should the employer treat bank holidays if they fall on a day when the ‘compressed hours’ employee does not usually work?

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer...

19th May

Practice notes

Statutory minimum notice

Statutory minimum noticeSection 86 of the Employment Rights Act 1996 (ERA 1996) provides for a statutory minimum period of notice that must be given...

19th May

In-house

Practice notes

Types of whistleblowing claim

Types of whistleblowing claimIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...

19th May

Practice notes

Striking out and unless orders in employment tribunal proceedings

Striking out and unless orders in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and...

19th May

In-house

Practice notes

Disclosure in employment tribunal proceedings

Disclosure in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

Practice notes

Effective date of termination

Effective date of terminationWhere a qualifying period of employment is required to bring an unfair dismissal claim (see Practice Note: Entitlement to...

19th May

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

19th May

Practice notes

The duty of fidelity and fiduciary duties

The duty of fidelity and fiduciary dutiesAll employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty...

19th May

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

19th May

Most recent TUPE and asset purchases content

Q&As

What mitigating factors are taken into account when deciding the amount of an award for failure to inform and consult under TUPE 2006?

What mitigating factors are taken into account when deciding the amount of an award for failure to inform and consult under TUPE 2006?Where there is a...

31st Jul

Q&As

How is continuous employment measured if a Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)-transferred employee is made redundant by the transferee, receives a statutory redundancy payment and payment in lieu of notice (PILON) but then returns to work for the transferor?

How is continuous employment measured if a Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)-transferred employee is made...

Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul

Q&As

What claims could be brought by an employee whose hours have been reduced following a TUPE transfer?

What claims could be brought by an employee whose hours have been reduced following a TUPE transfer?A reduction in the employee's working hours will...

31st Jul

Q&As

If the contract between a service provider and a client terminates (because the term has ended), and the following day the client engages another service provider to provide the same services, would this amount to a service provision change, ie a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006?

If the contract between a service provider and a client terminates (because the term has ended), and the following day the client engages another...

31st Jul

Q&As

Which employees will transfer on a service provision change where the number of employees working on the relevant contract varies, due to the work being seasonal in nature?

Which employees will transfer on a service provision change where the number of employees working on the relevant contract varies, due to the work...

31st Jul

Q&As

What is the legal position of an employee whose team transfers to another company under a relevant transfer, but whose employer (the transferor) tells them that TUPE 2006 does not apply to them, and that they will accordingly not transfer, but continue working for the transferor in a new role, and after three months, they are put at risk of redundancy by the transferor? In the interim the transferee has offered them a role at a much lower salary. Can the employee assert at that point that they should in fact have transferred to the transferee?

What is the legal position of an employee whose team transfers to another company under a relevant transfer, but whose employer (the transferor) tells...

31st Jul

Q&As

A company is considering entering into a joint contract of employment with another company, so that the employees are jointly employed by both companies as joint employers. At present, the employees are employed by only one of those companies. Will this give rise to a TUPE transfer, or is this simply a change to the employees’ terms and conditions? Should one of the companies decide that it no longer wishes to be a joint employer in the future and the employees move back to being solely employed by one of the companies, will this give risk to a TUPE transfer, or is this simply a further change to the employees’ terms and conditions?

A company is considering entering into a joint contract of employment with another company, so that the employees are jointly employed by both...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

Can the transferee change the place of work of the transferring employees after a TUPE transfer?

Can the transferee change the place of work of the transferring employees after a TUPE transfer?In this scenario, the transferee will need to...

31st Jul

Q&As

Does a change of employer within a group of companies give rise to a TUPE transfer?

Does a change of employer within a group of companies give rise to a TUPE transfer?Relevant transfers under Transfer of Undertakings (Protection of...

31st Jul

Q&As

In a TUPE transfer where only one employee is being transferred and is affected by the transfer, could the transferee company rely on the need to comply with regulatory requirements (which were not relevant to the transferor or to the transferring employee's contract whilst employed by the transferor) as an 'ETO reason' in order to vary the terms of the transferring employee's contract? The term in question is a commission scheme which the employer believes could incentivise risk and following the transfer could fall foul of financial regulatory requirements.

In a TUPE transfer where only one employee is being transferred and is affected by the transfer, could the transferee company rely on the need to...

31st Jul

Practice notes

Key pension issues in a private sector outsourcing

Key pension issues in a private sector outsourcingTHIS PRACTICE NOTE APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESThe nature of an...

Produced in partnership with Dentons 31st Jul

Practice notes

Pension issues in business sales—acting for the seller

Pension issues in business sales—acting for the sellerFORTHCOMING DEVELOPMENT 1: On 11 February 2021 the Pension Schemes Bill received Royal Assent...

31st Jul

Practice notes

TUPE and Beckmann issues in a private sector outsourcing

TUPE and Beckmann issues in a private sector outsourcingTHIS PRACTICE NOTE APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESAutomatic statutory...

Produced in partnership with Dentons 31st Jul

Practice notes

Business sales—pension indemnities

Business sales—pension indemnitiesAn indemnity may be defined as a contractual obligation falling upon one contracting party (the indemnifier) and...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 31st Jul

Q&As

Does TUPE apply to the sale of residential property, where the homeowner selling the property employs a gardener who is not wanted by the buyer?

Does TUPE apply to the sale of residential property, where the homeowner selling the property employs a gardener who is not wanted by the buyer?A...

31st Jul

Practice notes

TUPE—transfer of rights and liabilities

TUPE—transfer of rights and liabilitiesThe Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) provide that,...

31st Jul

In-house

Practice notes

How to deal with Beckmann liabilities on a business sale

How to deal with Beckmann liabilities on a business saleTHIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMESThis Practice Note...

Produced in partnership with Ginevra Gatrell of gunnercooke LLP 31st Jul

Practice notes

TUPE—effect of insolvency

TUPE—effect of insolvencyThis Practice Note considers how the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006,...

Produced in partnership with Gowling WLG 31st Jul

Precedents

Application form—employee representative candidates

Application form—employee representative candidates[Insert details of the voting group as determined by the employer eg the whole workforce, night...

31st Jul

Practice notes

TUPE—variation of contract terms

TUPE—variation of contract termsThis Practice Note details the effect of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI...

Produced in partnership with Gowling WLG 31st Jul

In-house