November 2024 - Didlaw

Does TUPE apply to me?

29 November 2024

What does TUPE mean? TUPE means the Transfer of Undertakings (Protection of Employment) Regulations 2006. TUPE’s purpose is to protect the jobs of workers who do or should move across if the job they are doing is transferred to a different employer as: I have been told that TUPE does not apply. TUPE applies automatically. […]

Government’s impact assessments for the Employment Rights Bill declared “not fit for purpose”.

27 November 2024

The Regulatory Policy Committee (RPC) scrutinises the Government’s regulatory proposals. Independent from the Government, its stated purpose is to “[help] ensure that ministerial policy decisions are based on accurate evidence”. The RPC has reviewed all the impact assessments which the Government prepared and relied on to support the proposed Employment Rights Bill (Bill), as showing the […]

Inclusion of pre-termination negotiations in tribunal proceedings

27 November 2024

You may or may not be aware that usually, discussions held pre termination of employment are usually not allowed to be referred to if there is any resulting employment tribunal claim. These conversations are considered ‘inadmissible’ as evidence. The Employment Appeal Tribunal (EAT) supported this position in the case of Gallagher v McKinnon’s Auto and […]

Redundancy Situation

25 November 2024

If there is a reduction in the number of roles leading to a redundancy situation, does that mean that there is a vacancy which a employee on maternity leave should be given priority? In Hunter v Carnival Plc the Employment Appeal Tribunal (EAT) looked at the protection provided by regulation 10 of the Maternity and Parental Leave […]

EHRC closes Race Legal Support Fund but racism is still rife

22 November 2024

The Race Legal Support Fund was launched by the Employment and Human Rights Commission (EHRC) in November 2021 to tackle race discrimination, harassment and victimisation, not just in the workplace but in other settings, for example sports clubs and entertainment venues. The Fund was allocated £250,000 in its first year and had additional funding for […]

Is the alternative role suitable alternative employment?

20 November 2024

In a redundancy situation an affected employee may be offered suitable alternative employment by their employer. Then the question will become whether the employee will accept that offer or will leave the employment because of redundancy, which will usually depend on the alternative role’s suitability. Section 138(2) – (3) of the Employment Rights Act 1996 sets […]

What should I do if my flexible working request has been refused?

18 November 2024

This may depend on whether your request was made formally and whether it was rejected on eligibility grounds or refused for a business reason. Was your request made formally? A formal request for a flexible working arrangement is one made under section 80F(2) of the Employment Rights Act 1996 (Statute). This means the request must be […]

Should I be able to see the scores of colleagues in a redundancy situation?

15 November 2024

In short, maybe. You should be able to understand the reasons behind your own assessment and how your score compares to others. The Employment Appeal Tribunal summarised this position in the case of Pinewood Repro Ltd (t/a County Print) v Page, explaining: “Fair [redundancy] consultation involves the provision of adequate information on which an employee […]

Is calling someone a bald c*** harassment related to sex?

13 November 2024

Yes, said the Employment Appeal Tribunal (EAT). The EAT has upheld a first instance tribunal decision that a male worker who was called a ‘bald c**t’ was harassed for a reason related to sex. This was considered in Finn v British Bung manufacturing Company Limited and King. Mr Finn was an electrician. During an altercation on […]