TUPE transfers and joint employers

by Laurie Anstis on November 6, 2015

In Hyde v Layton, the employee was employed to carry out maintenance on homes by Martlet Homes Limited. Following a complicated series of transactions, he became employed to do the work on a joint and several basis by Marlet Homes Limited and several other companies within the same group, for whom he also carried out maintenance work.

The EAT had to decide whether this amounted to a TUPE transfer. Read the rest of this entry »

Criminal charges for failure to notify the government of collective redundancies

by Laurie Anstis on October 15, 2015

A couple of years ago I wrote a post about criminal offences that could be committed by a HR manager in the course of their work.

The first of these was failing to notify the Secretary of State of plans to make 20 or more people redundant, under s194 of the Trade Union and Labour Relations (Consolidation) Act 1992.

It is sometimes overlooked that in collective redundancy situations, as well as informing and consulting with employee representatives, an employer has to notify the Secretary of State (using form HR1, available here). Read the rest of this entry »

Making employment tribunals work for all

by Laurie Anstis on September 7, 2015

There is a need for change in the employment tribunal system.

Following the introduction of employment tribunal fees, claims are down by 75-80%. Employees are left without redress for serious injustices, but employers continue to complain of vexatious claims and the cost of defending claims. The overlapping jurisdiction of the employment tribunal and courts in breach of contract matters leads to difficulties over the appropriate jurisdiction for a claim. There has been no thorough review of the system since industrial tribunals were established in the late 1960s. Read the rest of this entry »

The Billable Hour Appeal

by Laurie Anstis on September 7, 2015

The “Billable Hour” appeal was launched late Thursday night by prominent employment law QC Sean Jones, in aid of Save the Children’s work with refugee families.

On the space of a few days, it has now raised £120,000 by asking lawyers and others to donate the value of an hour of their time, and has been featured in the national press.

If you haven’t already, please visit the appeal page and consider whether you can make a donation to this cause.

Court of Appeal judgment on employment tribunal fees judicial review

by Laurie Anstis on August 26, 2015

The Court of Appeal has today issued its judgment in the employment tribunal fees judicial review.

Whilst “troubled” by the sharp decline in employment tribunal claims, Underhill LJ held that:

“the case based on the overall decline in claims cannot succeed by itself. It needs to be accompanied by evidence of the actual affordability of the fees in the financial circumstances of (typical) individuals. Only evidence of this character will enable the Court to reach a reliable conclusion that that the fees payable under the Order will indeed be realistically unaffordable in some cases.” Read the rest of this entry »