Varying Employees’ Contracts of Employment

If an employer is seeking to make changes to employees’ contracts of employment, it is important to remember that where this will necessitate adverse changes to their existing terms of employment, the contracts can only be varied with the agreement of both parties, either by agreeing the changes with each individual affected or, in some… Read more »

Reasonable Adjustments Can Embrace Private Medical Treatment

In a decision that may come as a surprise to employers, the Employment Appeal Tribunal (EAT) has ruled that an employer’s duty to make reasonable adjustments for over-stressed workers can extend to paying for private psychiatric treatment. Consequently, the former finance manager of a veterinary practice has won substantial compensation after her claim for constructive… Read more »

Religion or Belief Discrimination – The Correct Comparator

A practising Christian who was dismissed from his job as a paediatric consultant after he refused to accept recommendations that he refrain from using religious references in his workplace communications has lost his appeal against the decision of the Employment Tribunal (ET) to dismiss his claims of unfair dismissal and discrimination on the grounds of… Read more »

Unfair Dismissal Claims – The Role of the Tribunal

In Harding v Cancer Research UK Limited, a former charity worker has failed in his long-running unfair dismissal claim after the Court of Appeal ruled that his case was based upon a fundamental misunderstanding of the law. Mr Harding worked as a van driver for Cancer Research UK Limited. In December 2006, he was given… Read more »

Third Party Harassment Revisited

With effect from 1 October 2013, the third party harassment provisions contained in Section 40 of the Equality Act 2010 have been repealed. The provisions made employers liable for harassment of their employees by third parties, such as customers or clients, when unwanted conduct had taken place on at least two other occasions and the… Read more »

Saving Business Must Be Prime Reason to Avoid Liability Under TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) exist to protect the rights of employees when their employer changes. However, when a business transfers from one owner to another, dismissals that are made for an economic, technical or organisational (ETO) reason are not automatically unfair under TUPE. Crystal Palace FC entered administration in… Read more »

Changes to the TUPE Regulations

The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 came into force on 31 January 2014. They amend the provisions relating to collective redundancies in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) and make changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). TULRCA is… Read more »