Vicarious liability and 'the crooked timber of humanity'; TUPE: temporary cessation of activities did not preclude transfer; Sanctions for gross misconduct: two recent EAT decisions and more...
Vicarious liability and 'the crooked timber of humanity'
In an article first published by Thomson Reuters Accelus, Managing Associate, Annabel Mackay, considers the Supreme Court's recent decision in Mohamud v Morrison Supermarkets plc on the scope of an employer's liability for its employee's actions.
TUPE: temporary cessation of activities did not preclude transfer
In the recent case of Mustafa v Trek Highways and others the EAT considered whether a relevant transfer was prevented by the cessation of activities by a subcontractor immediately prior to the putative transfer date.
Sanctions for gross misconduct: two recent EAT decisions
Here we round-up two recent decisions considering sanctions for gross misconduct. In the first case, Ham v Governing Body of Beardwood Humanities College, the EAT upheld a finding of fair dismissal where the employer aggregated a series of acts of misconduct (which did not individually constitute gross misconduct) and considered they amounted to gross misconduct when taken together. In the second case, Wells v Countrywide Estate Agents t/a Hetheringtons, the EAT held that an employee had not been constructively dismissed in circumstances where the employer had demoted him for committing acts of gross misconduct.
Employment Tribunal disputes: latest developments
We round-up three important developments affecting Employment Tribunal proceedings from 6 April 2016. The developments considered are: (i) the new rules capping postponement applications; (ii) the new penalty regime for respondents; and (iii) the increase in Tribunal awards and certain statutory payments.
Gender pay gap reporting: bridging the pay gap
What is the thinking behind the Government's push for the publication of data on the gender pay gap? In an article first published by Lexis PSL, Amanda Steadman, Professional Support Lawyer, considers the Governmen's goal to close the UK's gender pay gap within a generation and what the plan means for employers and employees.
Garden leave: a weapon in the hands of employers
In an article first published by Thomson Reuters Accelus, Managing Associate, Annabel Mackay considers the pros and cons of incorporating a garden leave clause in the employment contract, and the principles that the courts will apply when considering the enforceability of such provisions.
Consultations, calls for evidence and surveys affecting employment law
A regular feature of our Up to date briefing is to keep you appraised of open consultations, calls for evidence and surveys affecting the employment law arena. If you would like us to respond on your behalf, please let us know.