by Andrew Macmillan | Sep 8, 2023 | News
Does the benefit of a non-contractual share incentive plan transfer under the Transfer of Undertakings Regulations (TUPE)? Yes it does, held Scotland’s Inner House of the Court of Session in the recent case of Ponticelli Limited v Gallagher. The case was about...
by Andrew Macmillan | Sep 4, 2023 | News
What can a business do if an employee has travelled abroad on holiday but flights from their destination have been stopped or delayed due to adverse weather conditions or problems with air traffic control systems? Employees who know they are going to miss their first...
by Andrew Macmillan | Aug 24, 2023 | News
Does an employer need to know the specifics of a disabled person’s substantial disadvantage before being required to make reasonable adjustments? No, held the Employment Appeal Tribunal (EAT) decided in the recent case of AECOM Limited v Mallon, dismissing the...
by Andrew Macmillan | Aug 18, 2023 | News
The Worker Protection (Amendment of Equality Act 2010) Bill was introduced last year as a Private Members Bill and is supported by the government. As originally drafted, it pledged to protect staff from (a) harassment committed by third parties and (b) introduce a new...
by Andrew Macmillan | Aug 8, 2023 | News
Acas have released new and updated guidance on sickness absence which covers: checking holiday entitlement and sick pay; fit notes and proof of sickness; time off for dependants/parents; returning to work after absence; creating absence policies; recording and...
by Andrew Macmillan | Aug 3, 2023 | News
Did an employment tribunal err in its approach when finding that the unilateral variation of a nurse’s contract to move her from a band 6 role to a band 5 role was not an actual dismissal in the Hogg v Dover College sense? Yes, held the Employment Appeal Tribunal...
by Andrew Macmillan | Jul 26, 2023 | News
Nigel Farage’s recent high profile dispute with Coutts Bank has brought subject access requests (SARs) back into focus but what exactly are they? A subject access request is a request by an individual to access their personal information held by any data...
by Andrew Macmillan | Jul 19, 2023 | News
The Employment Relations (Flexible Working) Act 2023 has completed its passage through Parliament and now awaits Royal Assent. There are several things it changes about the current flexible working regime and several (possible more notable) things that it does not. In...
by Andrew Macmillan | Jul 17, 2023 | News
Was it lawful for the Government, without consultation, to revoke legislation which prevented workers on strike being replaced by agency workers? No, held the High Court in a recent case brought by the ASLEF union. The Secretary of State had, through the Conduct of...
by Andrew Macmillan | Jul 11, 2023 | News
Can a person be an employee or worker of two different employers at the same time in respect of the same work? No, decided the Employment Appeal Tribunal (EAT) in the recent case of United Taxis v Comolly. Mr Comolly was a taxi driver who carried-out work driving...
