Author Archives for Gemma Tizzard

holiday pay - deck chair

Case update (1): Holiday pay – calculating the effect of change

December 1, 2015 12:00 am Published by Comments Off on Case update (1): Holiday pay – calculating the effect of change

Summary: When a worker increases their hours, does any statutory annual leave that has already accrued need to be recalculated retrospectively to take account of the increased working hours? No says the ECJ in Greenfield v The Care Bureau Ltd... Read more


Government reforms (1): Gender politics

December 1, 2015 12:00 am Published by Comments Off on Government reforms (1): Gender politics

What do we already know? In our March 2011 Newsletter we reported the publication of Lord Davies’ independent review of women on boards. This ‘Davies Report’ identified four key business reasons why companies must take the issue of having a... Read more


dismissal

Case update (2): Unfair dismissal – equal treatment?

December 1, 2015 12:00 am Published by Comments Off on Case update (2): Unfair dismissal – equal treatment?

Summary: When will disparity of treatment in disciplinary proceedings affect the fairness of a dismissal? Only when the employees’ circumstances are “truly parallel” says the EAT in MBNA Ltd v Jones available here . Facts: There was an incident at a... Read more


Case update (3): TUPE – one to(o) many?

December 1, 2015 12:00 am Published by Comments Off on Case update (3): TUPE – one to(o) many?

Summary: Is there a TUPE transfer when an employee’s employment is transferred from a sole employer to a group of companies which includes the original employer? No, says the EAT in Hyde Housing Association Ltd and other v Layton available... Read more


ACAS guidance: Investigations

December 1, 2015 12:00 am Published by Comments Off on ACAS guidance: Investigations

ACAS has published new guidance, available here , for anyone who has been appointed to conduct disciplinary or grievance investigations. The guidance is divided into manageable steps and outlines the essential decisions and actions that employers must make when deciding to... Read more


Seminar news: Spring Employment Law Update & Equal Pay

December 1, 2015 12:00 am Published by Comments Off on Seminar news: Spring Employment Law Update & Equal Pay

Spring Employment Law Update We re-launched our legal update seminars back in the balmy days of October. The new half-day format, followed by a three-course networking lunch proved to be hit with delegates; as did the bottles of champagne we... Read more


Newsflash: Work-life balance

November 24, 2015 12:00 am Published by Comments Off on Newsflash: Work-life balance

On 18 November 2015 the European Commission launched a public consultation (available here ) on ways to overcome work-life balance challenges faced by working parents and caregivers. The consultation runs until 17 February 2016. The aim of the consultation is to... Read more


Newsflash: Listen to the whistle

November 9, 2015 12:00 am Published by Comments Off on Newsflash: Listen to the whistle

What do we already know? In July 2013, the whistle-blower legislation was changed to require a worker making a disclosure to have a reasonable belief that the disclosure was made in the ‘public interest’. The change was primarily aimed at... Read more


Newsflash: Guidance on 1) data protection and 2) zero hours contracts

November 9, 2015 12:00 am Published by Comments Off on Newsflash: Guidance on 1) data protection and 2) zero hours contracts

1. Data protection – subject access requests The Information Commissioner’s Office (ICO) has published a guide, available here , on how to disclose information safely by removing personal data before publishing. The guide is relevant to employers who need to respond... Read more