‘PersonnelFILE’

Webinars

Monday, February 11th, 2013

In this challenging and competitive marketplace it is more important than ever to ensure relevant skills and learning are captured and acknowledged through qualifications and that your CPD points are kept up to date. To make it easier for you, we have launched a series of online training seminars (webinars) which ...

Christian Demoted for Facebook Comment Wins Breach of Contract Claim

Monday, February 11th, 2013

A Christian who was demoted at work for posting a comment on the social networking site Facebook that gay weddings in churches were ‘an equality too far’ has won a breach of contract claim after the High Court ruled that he was wrongly found guilty of gross misconduct by his ...

Delay Defeats Unfair Dismissal Claim

Monday, February 11th, 2013

In a decision that underlines the vital importance of adhering to time limits in employment cases, the Employment Appeal Tribunal (EAT) has ruled that ‘lost in the post’ is not a good enough excuse for the late filing of documents (Clark v H2O Water Services Ltd.). Jason Clark had instructed the ...

Government Announces Flexible Working Measures

Monday, February 11th, 2013

Following last year’s ‘Modern Workplaces’ consultation, the Government plans to introduce the following reforms: Shared Parental Leave after Birth or Adoption From 2015, parents will be given the right to share up to a year’s leave after the birth or adoption of a child. Employed mothers will still be entitled to 52 ...

Losses Subsequent to Unfair Dismissal Are Recoverable, Tribunal Rules

Monday, February 11th, 2013

The Employment Appeal Tribunal (EAT) has decided that an unfairly dismissed employee is entitled to be compensated for the loss of the use of a company car and mobile phone and of a fuel allowance during his three-month notice period (Commercial Motors (Wales) Ltd. v Howley). Mark Howley was awarded ...

Redundancy Selection – A ‘Pool of One’

Monday, February 11th, 2013

In Wrexham Golf Club Co. Ltd. v Ingham, the Employment Appeal Tribunal (EAT) held that when deciding which employees are potentially at risk of redundancy, there will be cases where it is reasonable for the employer to focus on a single employee without developing, or even considering the development of, ...

Sensible Employer Defeats Constructive Dismissal Claim

Monday, February 11th, 2013

Constructive dismissal occurs when an employee resigns and can demonstrate that he or she was entitled to do so because of the conduct of the employer. In such a case, the employer’s conduct is termed a ‘repudiatory breach of contract’. In Assamoi v Spirit Pub Company (Services) Limited, a head chef ...

TUPE – Service Provision Changes

Monday, February 11th, 2013

The Court of Appeal has now upheld the decision of the Employment Appeal Tribunal (EAT) in Hunter v McCarrick that for there to be a service provision change within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the activities carried out by different contractors before ...

Window Cleaners Triumph in TUPE Claim

Monday, February 11th, 2013

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), dismissal of an employee for a reason connected with the transfer of a business is automatically unfair dismissal unless it can be shown to be for an economic, technical or organisational reason involving changes in the workforce. The Employment Appeal ...

Brethertons Strikes Gold in 2012

Thursday, September 6th, 2012

This month sees Brethertons LLP achieve the gold standard accreditation for Investors in People, the highest independent accreditation available for good practice management and positive staff development within an organisation. In order to receive the Gold award, Brethertons solicitors undertook a rigorous inspection process that required evidence of exceptional working practices ...