publications
We publish a number of informative and topical newsletters based around our service and business areas. It is important to us that we continually share ideas, information and best practice with our clients and contacts so everyone can benefit from news on new law, comment on topical events, and information on upcoming issues which will have a bearing on you and your business activities.
The content of these publications is for general information only and does not constitute advice on any specific matter. While every effort has been made to ensure the content of these publications is accurate and up to date, no representation or warranty, express or implied, is made as to there accuracy or completeness and they are not a substitute for legal advice. You should seek specific legal advice on any particular matter which is relevant to you. We will not be liable for any losses arising out of any reliance placed on any content of these publications by you, or any person informed of the contents.
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taking leave while resting
All workers have the right to take paid holidays. However, the employer has a right to decide when that leave can be taken. In a recent case, the Supreme Court has ruled that employers can stipulate that holidays are to be taken during periods when an employee may not have been required to attend work.
breach of contract claims excluded from dismissal
The right to claim unfair dismissal provides important protection to employees. However, the amount of compensation that can be awarded is limited as was highlighted in a recent case before the Supreme Court. In a key decision, it held that an employee could not claim compensation for losses flowing from a breach of contract where the breach was related to the dismissal process. That would have given employees a choice of claims for unfair dismissal that could have bypassed the limits set on unfair dismissal compensation.
administrations always covered by TUPE
There have been conflicting judicial decisions about the level of protection employees will have when the business they work in has been sold having been put into administration. However, the issue has now been resolved by the Court of Appeal, which has held that as administration proceedings are instigated to help the business continue, it will always be the case that the contracts of employment will transfer to the buyer and the terms and conditions will be protected under the TUPE.
loopholes appear in service provision transfers
In 2006, the concept of service provision transfers was introduced into the legislation that provides employment protection to employees on a transfer of an undertaking. The aim was to remove any uncertainty whether employees would be protected in a situation where they carried out a service for a client and that service was transferred to another provider. However, it has recently been highlighted that this protection will not apply where the service consists merely of supplying goods to the client, where the activities change, or importantly where the client's identity changes.
finance news January 2012
Welcome to the January edition of finance news updating you on the Bribery Act, revised scheme for registration of charges, financial regulatory reform and upcoming dates for our finance clubs.
