News and Knowledge

Exceptions to TUPE Regulations: Task of Short-Term Duration

The law surrounding the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations) is often fairly complicated. It is therefore useful when the courts try to provide some helpful guidance.   In the recent case of Swanbridge Hire and Sales Limited v Butler and others, the Employment Appeal Tribunal (EAT) sought…

Implied terms relating to the calculation of redundancy payments

One aspect of employment law that arises on a fairly regular basis in practice is whether or not an employee has certain terms included within their employment contracts which are not express but implied.   Implied terms can form part of an employee’s contract due to the custom and practice of an employer over a…

Refusing an Employee’s Right to be Accompanied

Refusing an Employee’s Right to be Accompanied   When an employee is invited to attend a disciplinary or grievance hearing they must be advised of their right to be accompanied by a colleague or a trade union representative.     A question that has recently been considered in the Employment Appeals Tribunal (EAT) is whether…

Suffering A Detriment After Making A Protected Disclosure

In the recent case of Anastasiou v Western Union payment Services, the Employment Appeals Tribunal (EAT) considered whether in a whistleblowing claim the person who subjected the Claimant to a detriment had to have knowledge of the Claimant’s protected act.   In 2010 one of the Respondent’s employees made a complaint that he had been…

Vending Machine Company Has to Pay Thousands of Pounds after Employee Falls Through the Roof

A vending machine supplier employee suffered minor cuts and bruises when he fell through a roof in at work in Skelmersdale, a court was told.   The 40-year-old employee from Runcorn who has requested that he remains anonymous was clearing out the gutters at Paragon International Ltd on 4th September last year when he fell…