When does TUPE not apply?
The law on transfers of undertakings is intended to support a relatively simple underlying purpose: to protect and preserve an employee’s rights if the business that employs them changes hands. The legislation itself, however, is notoriously complex and technical. It is therefore important, especially for the incoming employer, to understand when and why the statutory […]
Is same job, different pay allowed?
By law, men and women in the UK must generally receive equal pay for doing equal work. This means that a person must not get paid less compared to someone of the opposite sex doing the same or similar work, or work of equal value, for the same employer. However, there are exceptions to this […]
Employment case law update May 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Employment status Somerville v Nursing & Midwifery Council In Somerville v Nursing Midwifery Council, the Employment Appeal Tribunal considered the test to determine worker status. The claimant was appointed as a member of […]
Can you refuse or cancel a holiday request?
Employees have the right to a certain amount of paid time off work. It is a common mistaken belief that an employer cannot either refuse an employee’s holiday request, or even cancel it. But in reality, employers reserve the legal right to refuse leave requests as they see fit. Employers and managers have to take […]
Furlough redundancy process guide
Employers with workers on furlough must start to prepare for the end of the Coronavirus Job Retention Scheme (CJRS), which is fast approaching at the end of September. While many workers may be able to return to work and resume duties, the reality for some employers is that their furloughed workers may be at risk […]
Sabbatical leave: give your employees a break
Sabbatical leave is defined as a period of time, over and above normal annual leave entitlement, in which an employee does not attend the workplace or undertake any tasks but remains employed by the company. Sabbatical leave is usually taken by individuals who want to pursue personal interests, such as travelling, studying, or volunteering. The […]
Dealing with misconduct at work
Misconduct at work relates to behaviour deemed by an employer to be unacceptable in the workplace environment. Misconduct can have the effect of damaging a business’ reputation as a fair employer or a trustworthy company to deal with. It can cause damage to the property and belongings of the business and can lead to complaints […]
Probation period guidance
However thorough you believe your recruitment processes to be, it probably isn’t perfect, and you could still end up with someone who doesn’t fit into the culture of your organisation, or who underperform. Probation periods give you the chance to assess new workers in situ for the stipulated trial period. Common reasons for employers finding […]
Employee liability information & TUPE
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE), are designed to protect employees if the company by which they are employed changes hands. First passed in 1981, the regulations were updated in 2006, with further amendments in 2014. Its purpose is to seamlessly transfer employees, and any liabilities associated with them and their terms […]
Employment case law update April 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. COVID health & safety unfair dismissal Rodgers v Leeds Laser Cutting Ltd In what may be one of the first of many tribunal decisions relating to COVID health & safety dismissals, an employee […]