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Employment Law Blog

25 May 2012

Employment legislation: The Beecroft Report and key changes in the Enterprise and Regulatory Reform Bill

The Beecroft Report has been in the news this week, with some heated parliamentary debate and plenty of media comment.  For those who have not read the Beecroft Report, it is striking in its brevity, lack of supporting evidence and confusion about the current state of the law.  It seems a missed opportunity for the Government which could have proposed some sound and useful changes to Employment Legislation and the Tribunal system.  Sensible changes would be welcomed by employers and employees alike.

16 May 2012

Employment Law: The Queen’s Speech – Damp squib or important sign that times are a-changin’

When I was a boy I used to love reading Sherlock Holmes.  This year’s Queen’s Speech reminded me very much of the celebrated passage in Silver Blaze, where Holmes unearthed an important factor in a case.  “Is there any point to which you would wish to draw my attention?” he was asked. “To the curious incident of the dog in the night-time” he replied.  “The dog did nothing in the night-time.” came the response.  “That was the curious incident”, famously retorted Sherlock Holmes.

4 May 2012

Vicarious liability: Could Sainsbury’s be found vicariously liable for the murder of their employee?

The Outer House of the Court of Session in Scotland last week, in the case of Vaickuviene and others v J Sainsbury plc [2012] CSOH 69, decided to allow a claim against Sainsbury’s, brought by the family of one of their employees murdered by a colleague, to proceed to a full hearing.  The family is basing their claim on the UK-wide Protection from Harassment Act 1997 (PHA 1997) and so has implications that could stretch across both sides of the border.

25 April 2012

Supreme Court rules on Compulsory Retirement Age

The Supreme Court has today handed down its long awaited decision in Seldon v Clarkson Wright & Jakes relating to whether employers can be compulsorily retired at a given age.  The case is of huge importance to all businesses as it tackles the thorny issue as to whether to retain a compulsory retirement age and, if so, whether it should be 65 or any other age.

17 April 2012

Employment transfers without TUPE

In an unusual case, Gabriel v Peninsula Business Services, the Employment Appeal Tribunal (EAT) has held that, in the absence of TUPE, the employment of an employee cannot be transferred from one employer to another without the employee’s consent.

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