Employment - January 2008

This month’s edition includes articles on: TUPE; Illegal Working and Unfair dismissal; National Minimum Wage...

...and Age discrimination; a Case Law round up (with cases on redundancy procedures; night shift work and equal pay; casual workers; derogatory statements and on the modified statutory dismissal procedure).

TUPE Update

This article focuses on the recent EAT decisions in Holis Metal industries v GMB UKEAT/0171/07/CEA (cross-border transfers) and New ISG Ltd v Vernon [2007] EWHC 2665 (objections to transfer); and the Court of Appeal judgements in Jackson v Computershare [2007] EWCA Civ 1065 and Regent Security Services Ltd v MD Power [2007] EWCA Civ 1188 (both on TUPE harmonisation issues). Philip Pepper, an Associate in the Midlands Employment Team, introduces the Weightmans’ TUPE / Corporate Restructuring  Forum which he heads up and provides a summary of important TUPE decisions which have been reported recently.

Illegal working and Unfair dismissal

This article focuses on the recent guidance of the EAT in Kelly v University of Southampton UKEAT/0295/07 and in Klusova v London Borough of Hounslow [2007] EWCA Civ 1127.  Mandy Higgins, a Solicitor based at Weightmans’ Liverpool office, considers recent case law on illegal working and unfair dismissal. 

National Minimum Wage and Age discrimination

This article provides a snap shot of the issues affecting the National Minimum Wage following the introduction of the Employment Equality (Age) Regulations 2006. Barbara Flannery, a Paralegal in Weightmans’ Liverpool office, sets out the issues relating to the National Minimum Wage and Age discrimination.

Case round up

This article reviews the recent case law decisions of Ralph Martindale and Company Limited v Harris UKEAT/0166/07 (on redundancy procedures and alternative work); Home Office v Evans [2007] EWCA Civ 1089 (on redundancy and mobility clauses);West Midlands Police v Blackburn UKEAT/0007/07 (on night shift pay and equal pay); North Wales Probation Area v Edwards [UKEAT/0468/07] (on casual workers); RDF Media Group v Clements [2007] EWHC 2892 (QB) (on derogatory statements and constructive dismissal); and O’Neil v Woolridge Ecotech UKEAT/0282/07 (on the modified statutory dismissal procedure).  Georgena Adesida, a Solicitor in  Weightmans’ Birmingham office, summarises recent case law decision with practical implications for practitioners dealing with redundancies and allocating alternative employment; mobility clauses and redundancy procedures; equal pay aspects of enhanced night shift pay; casual workers’ employment status; guidance on derogatory statements and constructive dismissal; and the use of the modified statutory dismissal procedure.