Review of the Employment Tribunal Rules of Procedure

One of the outcomes of last year’s Resolving Workplace Disputes consultation was a consensus that the current Employment Tribunal Rules of Procedure needed revision. The Government therefore requested Mr Justice Underhill, the former president of the Employment Appeal Tribunal, to carry out a review and make recommendations aimed at streamlining and improving understanding of the… Read more »

New Minimum Wage Rates

Employers are reminded that, in accordance with the recommendations of the Low Pay Commission, the adult hourly rate of the National Minimum Wage increases from £6.08 to £6.19 on 1 October 2012. However, the development rate (which covers workers aged 18-20 years) remains at £4.98 and the rate for workers aged 16 and 17 stays… Read more »

Supreme Court Equal Pay Landmark

Scores of women who worked for a local authority have won an equal pay ruling in the Supreme Court that will have serious ramifications for employers as it effectively extends the time workers have in which to bring equal pay compensation claims from six months to six years. About 170 former Birmingham City Council employees… Read more »

Government Consults on Proposal for ‘Employee-Owner’ Contracts

Following plans recently announced by the Chancellor of the Exchequer to introduce a new type of employment contract, whereby employees will give up some of their employment rights in exchange for shares in their employer’s business, the Government has now launched a consultation on the issue. Under the proposed new employment contracts, ‘employee-owners’ will receive… Read more »

TUPE – What is an ‘Organised Grouping of Employees’?

A service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) takes place when, immediately before the change, there is an ‘organised grouping’ of employees that has as its principal purpose the carrying out of the relevant activities on behalf of the client – TUPE Regulation 3(3)(a)(i). In Eddie Stobart Ltd…. Read more »

TUPE – Service Provision Changes

In Hunter v McCarrick, the Employment Appeal Tribunal (EAT) held that for there to be a service provision change within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the activities carried out by different contractors before and after the transfer must be carried out for the same client. Mr McCarrick… Read more »

TUPE – Service Provision Change Guidance

In Argyll Coastal Services Ltd. v Stirling and Others, a pre-hearing review was necessary to decide whether or not there had been a service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The case concerned 11 members of the crew of the St Brandan, a vessel which had been chartered… Read more »

Redundancy and the Selection Criteria for Alternative Posts

In Samsung Electronics (UK) Ltd. v Monte-D’Cruz, the Employment Appeal Tribunal (EAT) has given guidance on the principles that apply to the process for deciding whether a redundant employee should be offered an alternative position within the organisation. Keith Monte-D’Cruz was one of four senior managers at Samsung Electronics (UK) who reported to the Head… Read more »