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Employment Law Blog

30 July 2014

Legal update: Age discrimination and constructive unfair dismissal

Clements v Lloyds Banking Plc & others UKEAT/0474/13

In a somewhat surprising decision, the Employment Appeal Tribunal (EAT) has held that an age discriminatory remark made by the Claimant’s manager (which the Tribunal accepted as being age discriminatory in itself), was not the material cause of the Claimant’s resignation and subsequent claim for constructive unfair dismissal. Usually, evidence of discrimination will be sufficiently serious in itself to form the repudiatory breach of contract which allows the employee to resign and claim constructive dismissal.
 

30 July 2014

Legal update: TUPE transfer of employees to a parent company following a share purchase by a subsidiary

Jackson Lloyd Ltd and Mears Group Plc v Smith and others

This case involved a factual scenario that will be a familiar one to many who have been involved in share purchases, particularly where a group is purchasing a failing company. 
 

Kirsty Churm

30 July 2014

Legal update: Small Business, Enterprise and Employment Bill: Employment aspects

The publication of the Small Business, Enterprise and Employment Bill on 25 June 2014 has attracted substantial publicity and contains important points for both employers and employees to note. The main area of media focus are the proposals which effectively ban the use of exclusivity clauses in Zero Hours Contracts, but the Bill covers a wide range of employment issues, which we examine below. 

29 July 2014

Obesity-based discrimination – a growing problem

Over the last 20 years, obesity levels in the UK have risen exponentially. Statistics show that a quarter of the current population of the UK is obese and it is estimated that this proportion will continue to increase over time. Recent case law suggests this may have significant implications for employers.

25 July 2014

Acas - your flexible friend

Richard Fox, Vice President of the Employment Law Association, talks about the impact of Acas' flexible working and homeworking guidance.

This blog was first published on the Acas website in July 2014.

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