Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
13 May 2014
Legal update: Compensation levels for failure to consult collectively where some consultation has occurred
The case of London Borough of Barnet v Unison and another considered what the starting point should be for calculating compensation for failure to consult collectively. The EAT has held that the starting point of the maximum award should only be used where the employer had not engaged in any consultation at all.
13 May 2014
Legal update: Enhanced redundancy payments may be an implied contractual entitlement
Whilst redundant employees are usually entitled to receive statutory redundancy payments from their employer, the contractual right to receive enhanced redundancy payments is less common in practice. Sometimes the employer is liable for enhanced redundancy payments because it is bound by a business or industry wide collective agreement that sets out enhanced redundancy pay terms. Alternatively the employer may be liable for enhanced redundancy payments pursuant to the express provisions of the terms and conditions of employment of some or all of its employees. The relevant enhanced redundancy package terms may be set out in individual employment contracts, or in another contractual document (for example, a contractual redundancy policy in the employee handbook). However, that is not necessarily the end of the story: it is also possible for employees to benefit from an implied contractual entitlement to enhanced redundancy pay. The case of Peacock Stores v Peregrine & Ors is an example of this.
13 May 2014
Legal update: ECJ holds that commissioning mothers under surrogacy arrangements are not entitled to maternity leave
In the two separate cases of CD v STC and Z v A differing Advocate General opinions had previously been published on the same day, giving rise to uncertainty concerning what rights to leave (if any) commissioning mothers in a surrogacy arrangement have.
11 April 2014
Top tips for law firms recruiting teams and partners
We outline some of the key issues to be considered by management in law firms when recruiting teams and partners.
10 April 2014
Employment Tribunals – is East London bucking the trend?
I attended a meeting yesterday for “users” of the Employment Tribunal at East London – mostly lawyers, but also others who bring or defend cases before the Tribunal on a reasonably regular basis. I was fully expecting to be told Tribunal applications had “fallen off a cliff” here, as in every other region in the country.