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Briefing quick find:

Holidays and Sickness and Absence

In this month’s Employment News we look at two decisions that deal with managing holidays and sickness absence; the impact on breaching contractual procedures; and whether TUPE applies to companies in administration. Holidays and Sickness and Absence In the case…

NHS Manchester v Fecitt & others

Whistleblowing claims can alarm employers. The prospect of uncapped compensation and being accused of retaliatory conduct is unappealing. It is therefore good news to report that in NHS Manchester v Fecitt & others [2011] EWCA Civ 1190 the Court of…

Business Secretary, Dr Vince Cable, announces today

A partner in our employment team, heard the Business Secretary, Dr Vince Cable, announced today (23rd November 2011) the following proposals in a speech given this morning at the Engineering Employers Federation. Our observations are in brackets. This is only…

Jackson v Liverpool City Council

In this month’s Employment News, we consider whether a reference, which referred to outstanding allegations that had not been investigated, was lawful; whether the duty to make reasonable adjustments had to have an impact on the disability; and whether an…

Unintended Consequences

A red mist seems to rise from No.10 whenever employment law is mentioned. Ignoring the BIS consultation that closed in April but still has not produced a response from government, additional proposals have been floated by the Deputy Prime Minister…

Conduct or some other substantial reason?

Can Employers use “Some Other Substantial Reason for Dismissal” to extinguish Employees’ contractual rights in conduct cases? In Ezsias v North Glamorgan NHS Trust [2011] UKEAT 0399 09 1803, the Employment Appeal Tribunal held that where the primary reason given for…

Autoclenz Limited v Belcher & Others

Employment status remains an important commercial issue. Many businesses strive to maintain a workforce unaffected by the regulatory protections and which costs less to administer. There is a steady flow of cases where agency workers and others seek recognition as…