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EIR Triangle 03

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  • Advocate General suggests no transfer on change of music school contractor

    26 January 2018

    An Advocate General (“AG”) of the European Court of Justice (“ECJ”) has considered whether a transfer of an undertaking occurred where a contract to operate a Spanish music school was terminated and another contractor resumed the service five months later. Under the EU Acquired Rights Directive (“ARD”), a transfer of an undertaking occurs where there is a transfer of an economic entity which retains its identity. An economic entity consists of an organised grouping of resources (i.e. persons and assets), organised with a view to carrying on economic activity.

  • Equal pay, TUPE and insolvency

    24 January 2018

    The issue for the Employment Appeal Tribunal (“EAT”) in a recent case was what happens to historic equal pay liabilities when claimant employees transfer under TUPE on to a new employer in the context of the transferor employer’s insolvency.

  • Evidence of pre-termination negotiations will be admissible if the EDT is in dispute

    15 January 2018

    The Employment Appeal Tribunal (“EAT”) has decided that if the effective date of termination (“EDT”) is in dispute in an unfair dismissal case, a tribunal can hear evidence of pre-termination negotiations if that evidence is relevant to determining the issue.

  • Employment Appeal Tribunal confirms that an employer’s attempt to bypass collective bargaining was unlawful

    10 January 2018

    A recent decision of the Employment Appeal Tribunal (“EAT”) has confirmed that offers made directly by an employer to its employees risk amounting to unlawful attempts to bypass collective bargaining contrary to s145B of the Trade Union and Labour Relations (Consolidation) Act 1992. This was a costly exercise for the employer as they were ordered to pay penalties of more than £400,000.

  • Changes to continuous residence rule for ILR applicants

    08 January 2018

    From 11 January 2018 new provisions are coming into force that will affect how the Home Office assesses continuous residence for indefinite leave to remain (ILR) applications.

  • Brexit Flowchart

    08 January 2018

    In a major speech on 17 January 2017, the Prime Minister Theresa May set out the Government's key negotiating objectives for exiting the European Union. But what Brexit might look like (and how we actually get there) remains far from clear, with considerable uncertainty about what the UK's relationship with the EU will be like afterwards.

  • The year in employment law

    08 January 2018

    The UK’s political landscape continues to be dominated by the shock 2016 referendum vote to leave the European Union. Following a surprise General Election in June 2017, Prime Minister Theresa May unexpectedly lost her parliamentary majority amid deep divisions about how the UK should “Brexit”. Against that backdrop, the Brexit negotiations between the UK and EU began in 2017 and will continue into 2018. This has meant that, as with many other areas, employment policy reform has taken something of a backseat. Nevertheless, employment law continues to change at pace.

  • Discrimination based on perceived disability is unlawful

    29 December 2017

    The Employment Appeal Tribunal (“EAT”) has confirmed that it is unlawful to discriminate against an employee because of a perceived disability, even where that employee is not actually disabled under the relevant legal test.

  • Enforcement of gender pay gap reporting – the EHRC gets involved

    21 December 2017

    The Equality and Human Rights Commission (‘EHRC’) has published a consultation on its plans for enforcing the Gender Pay Gap Reporting Regulations (‘GPG Regulations’).

  • Rogue employees and no-fault liability

    14 December 2017

    A recent High Court judgment has illustrated how employers can potentially be held liable for wrongful disclosure of personal data by their employees.

  • Avoiding the Hedonic Treadmill: designing a sustainable employee engagement strategy

    14 December 2017

    The concept of the “Hedonic Treadmill” is well established amongst psychologists, but what lessons can HR draw from it in relation to improving employee engagement and productivity?

  • Ask About... Retail, Fashion & Hospitality

    12 December 2017

    Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Laura...

  • Changes to Immigration Rules

    12 December 2017

    In UK immigration law circles, we have grown used to a statement of changes, announcing significant alteration of the existing laws, at least three times a year. Usually, the end of year change occurs in November but this year the announcement is unsurprisingly later than usual and less eventful. Presumably because the Government have found themselves a little busy the last few months...

  • The Art of the Brexit Deal

    11 December 2017

    On Friday the UK Government and the European Commission issued a joint report on the rights of EU citizens and their family members in the UK following the conclusion of the first stage of Brexit negotiations.

  • Chaos at the Christmas party - how to avoid an HR headache

    08 December 2017

    The festive season is almost upon us, bringing with it the long-awaited office Christmas party - a chance for colleagues to let their hair down and enjoy themselves in a relaxed setting.

  • The legal sector and #metoo – clarification from the Law Society

    07 December 2017

    The Law Society has provided some important clarification in relation to the recent joint statement made by its presidents on sexual harassment in the legal profession.

  • Workers denied paid holiday can carry over rights until termination

    30 November 2017

    The European Court of Justice (“ECJ”) has ruled that where workers are not granted paid annual leave to which they are entitled under the EU Working Time Directive (“WTD”), they must be able to carry over and accumulate those holiday rights from year to year and be compensated for them on termination of employment

  • The legal sector and #metoo

    29 November 2017

    Sexual harassment is clearly big news at the moment. Not, of course, because it is a new phenomenon, but because it seems that the allegations swirling around numerous big Hollywood names have opened the floodgates and made it OK to say #metoo.

  • Immigration in the tech industry - by any measure; a positive immigration story

    29 November 2017

    Representatives from some of the leading companies across the industry joined forces to host a Migration Advisory Committee (“MAC”) roundtable on 13 September, coordinated by Lewis Silkin and techUK.

  • Employment status review announced in response to Taylor report

    23 November 2017

    In the autumn Budget, the Government has indicated for the first time how it intends to respond to the recommendations made by Matthew Taylor in his review of modern working practices.

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