Expert's Comments

In Update 78 we informed you of the Government’s decision to increase the qualifying period for unfair dismissal from one to two years.

Employment law reform has recently become a hot topic for the mainstream political media in a way that perhaps we have not seen since the 1970s. The reforms to unfair dismissal law and tribunal procedure proposed by the coalition last week are set to have a significant impact on employment rights for employers and employees alike.

Expert Comments for Update 97 - On 1 September 2011 ACAS launched guidance on its website to help UK employers and employees get to grips with cyber issues which are estimated to cost businesses millions of pounds every year.

Update 93 - Expert Comments on ‘new’ TUPE (Transfer of Undertakings (Protection of Employment)). A relevant transfer takes place either if the old test is met or if the new ‘service provision change’ test is met. Under the ‘service provision change’ test, there is no explicit requirement for anything to retain its identity post-transfer. All that is required is a change of provider of a service and an organised grouping of workers whose principal purpose pre-transfer was carrying out the service now being transferred.

Dismissed Worker entitled to previous year's holiday pay - EAT judgment has determined that a worker who had been on sick leave for an entire leave year was entitled to a payment. Decision has been built upon the well known European Court of Justice case of Pereda.

Update 94 Expert Comments  - Regular readers of our updates will know that (subject to transitional arrangements where the process started prior to 6 April this year) it is no longer possible for UK employers to compulsorily retire employees at a particular age unless they are able to establish an ‘employer-justified’ retirement age.

Update 95 - A new decision of the European Court of Justice (Fuchs V Land Hessen) has given some useful guidance on what might amount to ‘justification’ under the EU Framework Directive on Equal Treatment.

Expert Comments for Update 93 - The UK Supreme Court has decided that a teaching assistant was not after all entitled to legal representation at disciplinary proceedings related to allegations of sexual misconduct with a child.

Update 91 - Yesterday, the government opened a consultation process on further reforms to a number of key areas of employment law.

Update 90 Expert Comments  - From 6 April 2011 important changes have been made to the rules on taxing post-termination payments operated by HMRC.