Welcome to the Employment Law Update for the UK.
In this edition we look at recent developments involving TUPE, Working Time Regulations, employee status and age discrimination. Please click on the title to view any article.
As always, please do not hesitate to contact any member of the Employment Group if you have any queries on the issues covered in the Update or any other matters.
'Static' interpretation of wage-fixing clause in transferring employees' contracts
In Parkwood Leisure v Alemo-Herron and others the Court of Appeal has resolved a long-running argument about the effect of a TUPE transfer on contract terms and conditions which are negotiated under a collective agreement.
Meaning of 'affected employees' and the 'special circumstances' defence
In Unison v Somerset County Council and others the EAT was asked to consider a TUPE transfer where it had been agreed that certain council employees (the 'in-scope' employees) would be seconded to a joint venture company ('the company') established for the purpose by transferor and transferee.
Working Time Regulations
Minimum paid holiday not an 'inalienable right'
In Lyons v Mitie Security Ltd the EAT has said that a worker's entitlement to paid holiday under the Working Time Regulations (WTR) can be subject to fairly operated statutory or contractual requirements.
Can independent contractors have it both ways?
Over the last couple of years we have reported regularly on cases looking at the employment status of workers provided through an intermediary to provide services to an end user. In many of these cases the contractual documentation has been structured with the intention of making it clear that no employer/employee relationship has been created but this has not stopped the EAT and the Court of Appeal declaring many such arrangements to be 'shams'.
Local laws may be disapplied where they conflict with Directive
In Kucukdevici v Swedex GmbH the European Court of Justice (ECJ) considered the impact of the age discrimination provisions in the Equal Treatment Directive 2000/78 on a German law designed to provide flexibility in the workplace.
If you have any queries on the issues covered in the Update or any other matters please do not hesitate to call a member of the Employment Group.