This month firstname.lastname@example.org reports on TUPE and pensions liability and considers what constitutes "an organised grouping of employees" for the purposes of a service provision change attracting the application of TUPE. In addition, hrlaw@trowers reports on the provisions of the newly published Enterprise and Regulatory Reform Bill and on the consultation the government has issued on proposed reforms to the Equality Act 2010.
1 Case Law round-up
The European Court of Justice (ECJ) has considered whether Article 7(1) of the Working Time Directive (which provides that every worker is entitled to paid annual leave of at least four weeks) covers entitlements to annual leave where national law provides for an entitlement of more than four weeks in Neidel v Stadt Frankfurt am Main.
The High Court has held in the case of Attrill and Others v Dresdner Kleinwort Ltd and Commerzbank AG that telling investment bank employees that they will participate in a guaranteed minimum bonus pool subject only to assessments of individual performance, gave rise to a contractual obligation.
The Employment Appeal Tribunal (EAT) has held in the case of Konczac v BAE Systems (Operations) Ltd that an employee's refusal to accept an offer of settlement can amount to a failure to mitigate her losses (though not on the facts of this case).
The EAT has held in the case of Brennan and Others v Sunderland City Council and Others that an employment tribunal cannot determine claims for contribution under the Civil Liability (Contribution) Act 1978 as between parties jointly or concurrently liable for unlawful discrimination.
The EAT has held in the case of Seawell v Ceva that an employee who spends 100% of his time working for a single client, is not necessarily assigned to an organised grouping of employees for the purposes of a service provision change and the transfer of his employment under TUPE.
The High Court has considered the issue of whether entitlements to an early retirement pension transfer under TUPE, and if so, what the scope for the transferee's obligations is in the case of Proctor and Gamble v SCA.
The Court of Appeal has held, in the case of Mattu v University Hospitals of Coventry & Warwickshire NHS Trust, that Article 6 of the European Convention on Human Rights is not engaged when an NHS employer dismisses a consultant for misconduct.
The Court of Appeal has held in the case of Cavanagh v William Evans Ltd, that an employer is not entitled to withhold a payment in lieu of notice if it dismisses an employee under an express term in his service agreement which provides for summary termination with pay in lieu, if it later discovers that the employer had committed gross misconduct prior to the dismissal.
In Bradbury v BBC, the High Court has held that if an active member of a pension scheme accepts a pay rise on the basis that only part of it is to be pensionable, this may form a binding agreement, subject to any breach of implied duty of trust and confidence or good faith.
The Ministry of Justice has published a report entitled 'Justice for business'. It outlines how the government intends to support business through its programme of reforms to the justice system.
The Government has published venture capitalist Adrian Beecroft's leaked report on employment law. Although the report was completed in October 2011, it has only just been published. The main issue in the report which has sparked press interest is the proposed introduction of "compensated no fault dismissal" for all businesses.
Advisory, Consiliation and Arbitration Service (Acas) has published a guide on how to handle difficult conversations.
The Queen's Speech was delivered on 9 May at the State Opening of Parliament, and announced a number of Bills which will be introduced in the next Parliamentary session, which ends in Spring 2013.
The Enterprise and Regulatory Reform Bill was laid before parliament last week. It provides for:
The government has announced a raft of proposed reforms to the Equality Act 2010.
The Sunday (London Olympic Games and Paralympics Games) Bill received Royal Assent on 1 May. The Act will suspend the restrictions on Sunday trading hours in England and Wales for the duration of the Games (ie for eight weeks from 22 July to 9 September).
The Protection of Freedoms Bill received Royal Assent on 1 May and has become the Protection of Freedoms Act 2012.
The Department for Work and Pensions (the DWP) is consulting on a technical change to the rules governing whether career-average revalued earnings (CARE) schemes count as qualifying schemes under auto-enrolment legislation.
The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2012 (SI 2012/1257) have been finalised and will come into force on 1 July 2012.
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