UK Employment Law Update - October 2014

16 October 2014

In the first of this autumn's UK Employment Law Updates, we explore five recent employment law cases which should contain some interesting learnings for you.

At the foot of this month's update, we also provide details of our exciting series of events taking place in London this autumn and winter, which we hope you will be able to attend.

Constructive dismissal
An employee’s previous repudiatory breach did not prevent him from bringing a constructive dismissal claim

In Atkinson v Community Gateway Association, the Claimant employee alleged that he had ‘blown the whistle’ on a breach of confidentiality, but had then been subjected to a detriment in that his employer commenced an investigation into his own conduct, which included improperly accessing his emails...
Read more>>


Unfair dismissal - jurisdiction
An employee based in Dubai did not have unfair dismissal rights

In Creditsights v Dhunna, an employee of a British company, who had moved to work in Dubai, claimed that he was entitled to bring an unfair dismissal claim before an Employment Tribunal in London...
Read more>>


TUPE
Whether or not an employee is part of an ‘organised grouping of employees’

In Costain Ltd v Armitage, the EAT considered the case of an employee Project Manager who had managed telecommunications projects under two contracts for the same client. Only one contract provided guaranteed work. When the contract came up for tender it was lost to Costain. Costain accepted that this was a ‘service provision change’ under the TUPE regulations. However, the company argued that the Claimant employee was not ‘assigned’ to the relevant ‘organised grouping of employees’ who performed the services under that contract.
Read more>> 

When does a TUPE transfer take place?

In Housing Maintenance Solutions Ltd (HMS) v McAteer and others, the EAT considered a case where an employer in the business of providing housing maintenance services to its client had gone into insolvent administration on 9 June 2011. On that date, the Respondent in the original ET proceedings (HMS) had said it would accept responsibility for the employment of the Claimant employees and would have work for them as soon as it could pick up the contracts on which they had been previously engaged. It was hoped that this would be no later than 1 July 2011.
Read more>>
 


Fixed term employees - less favourable treatment
An employer is not responsible for the terms of its insurance policy

In Hall v Xerox UK Ltd, the EAT considered a case where the employer had taken out a PHI insurance policy which provided income protection for employees who were off work for 26 weeks or more. However, employees on fixed-term contracts ceased to be members of the scheme when their fixed-term contracts came to an end.
Read more>>


London autumn programme of events for HR professionals and in-house counsel

We are hosting an exciting series of events this Autumn in London on employment law topics; The programme comprises:

Chinese recruitment market in the UK: An overview of the immigration and employment legal system
Tuesday 21 October, 8.30 - 10.00
A breakfast discussion, in partnership with London & Partners and People First, on need to know issues about the Chinese recruitment market.

Confidence in China: Critical employment laws
Tuesday 11 November, 8.30 - 10.00
Ying Wang, our new Employment partner in Shanghai, will be visiting London to provide an insight into employment laws in China.
*The same event will be held in Dusseldorf on Tuesday 4 November 2014

An update on UK immigration issues
Wednesday 19 November, 8.30 - 10.00
An opportunity to hear about the latest on immigration laws for those bringing employees into the UK.

The employment lifecycle: A view from the Nordics
Tuesday 2 December, 8.30 - 10.00
A session in which we compare and contrast the employment laws across Sweden, Denmark and Finland, presented by our Nordic partners from these countries.

Please register on any event which may be of interest to you and feel free to share this invitation with any of your colleagues who may also benefit.

We hope to see you soon.