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TUPE: Splitting employees’ contracts after a service provision change

In a case which leaves practical difficulties, the Employment Appeal Tribunal has confirmed that employees’ contracts can be split between multiple transferees on a service provision change, write Zoë Wigan, Hilary Larter and Ceri Fuller. Read more
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  NEWS

Apr 27, 2021

Civil servants union given green light for judicial review challenge over decision by Prime Minister that Home Secretary did not break Ministerial Code

The First Division Association has been given permission to bring a judicial review challenge over the Prime Minister’s decision that Home Secretary Priti Patel did not break the Ministerial Code in her treatment of civil servants.
Apr 21, 2021

Council leader defends his conduct after public interest report into pay-off of former chief executive

City of York Council’s Leader has been criticised in a public interest report by auditor Mazars over how former chief executive Mary Weastell came to receive a £377,118 pay off.
Apr 15, 2021

Government consults on requiring care home workers to have Covid-19 vaccination

The Government has launched a five-week consultation on requiring care home providers, caring for older adults, to deploy only those workers who have received their COVID-19 vaccination.
Mar 23, 2021

HMCTS rolls out on-site rapid testing at four more courts

HM Courts & Tribunals Service (HMCTS) will from this week offer voluntary on-site rapid testing at four courts to people who attend scheduled hearings and are not showing symptoms of COVID-19.
Mar 19, 2021

High Court dismisses £600k+ damages claim brought by ex-employee against council over fundamental dishonesty

A High Court Master has thrown out a £600,000-plus damages claim for personal injury and loss of earnings brought by a former employee of the London Borough of Haringey after she was assaulted by a service user with learning difficulties in a facility operated by the council.
Mar 19, 2021

Supreme Court rules employers do not have to pay care workers national minimum wage for sleep-in shifts

The Supreme Court has dismissed appeals to pay two care workers the National Minimum Wage (NMW) for hours in which they are required to sleep on-site during overnight shifts.
Mar 12, 2021

Supreme Court to rule next week on ‘sleep in’ care workers and national minimum wage

The Supreme Court will next week hand down its ruling on whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity.
Mar 09, 2021

LLG and ALACE withdraw legal claim after Government commits to revocation of exit payment cap regulations

LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) have confirmed they will be withdrawing their judicial review claim ahead of the revocation of the Restriction of Public Sector Exit Payments Regulations 2020 on 19 March.
Mar 04, 2021

Court of Appeal rejects appeal by ex-magistrate over dismissal for views on adoption by same-sex couple

A magistrate and NHS trust board member who was dismissed over his views - based on his beliefs as a Christian - about the appropriateness of the adoption of a child by a same-sex couple, has lost two cases in the Court of Appeal.
Mar 02, 2021

Administrating authority for Greater Manchester Pension Fund to procure legal advice framework

Tameside Metropolitan Borough Council, the administrating authority for the Greater Manchester Pension Fund, has begun the procurement of a legal advice framework.

  FEATURES AND ANALYSIS

March 19, 2021

Constraints on the right to express religious beliefs

A Christian man was dismissed from his posts as a non-executive director and a magistrate for expressing his views on homosexuality and same-sex couple adoption in public - was this considered discrimination? Lorna Scully analyses recent Court of Appeal rulings.
March 08, 2021

Covid testing in schools and data protection

Neil Murphy examines the data protection issues that arise with the return to school and the prospect of on-site tests for Covid.
March 04, 2021

Employment law: Terminated! Are you sure?

Jeanette Wheeler, Sonya O’Reilly and Clare Barlow discuss effective notice to terminate employment. Also discussed: the newly confirmed employment status of Uber drivers and public sector exit pay.
February 25, 2021

Uber: where next

Philip Kolvin QC looks at the likely fallout from the Supreme Court's ruling on whether Uber drivers were 'workers'.
February 21, 2021

Proving or disproving disability

Amy Stroud considers some of the issues concerning the operation of section 6 of the Equality Act 2010, particularly around mental impairment, that have arisen in the Employment Appeal Tribunal in recent times.
February 19, 2021

The COVID-19 vaccine and employees

Can employers require employees to be vaccinated? Joanne Bell and Louise Bloomfield consider some o the legal issues.
February 16, 2021

The LLG Grapevine 16th February

This week Deborah Evans, Dennis Hall and Helen McGrath discuss the Exit Payment Cap Revocation, Working from Home Securely, Elections, Remote Scrutiny Reviews, the LSB Covid Dashboard, the Domestic Abuse Bill, Devolution, CPD Reform and the Cumbria Coalmine.
December 11, 2020

Can you legally record video meetings?

Whilst video-conferencing via Zoom or Teams etc has allowed us to carry out our business relatively uninterrupted, they have also presented organisations with a new set of privacy considerations to take into account, writes Bronwen Jones.

  MORE NEWS

Mar 01, 2021

Welsh Government consults on draft Bill putting partnership working on formal footing

The Welsh Government has launched a consultation on a new Bill intended to put partnership working on a formal footing to improve work in Wales.
Feb 22, 2021

Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in ‘bullying’ case

The First Division Association has launched a legal challenge to the Prime Minister’s decision that the Home Secretary did not breach the Ministerial Code.
Feb 19, 2021

Supreme Court dismisses Uber appeal, rules drivers are ‘workers’

The Supreme Court has dismissed an appeal by the ride-sharing company Uber over an employment court's decision that Uber drivers were working under worker's contracts for the company.
Feb 15, 2021

Union ballots members in 12 courts on possible strike over Covid-19 and workplace safety concerns

The PCS union is balloting members in 12 courts over what it claims is HM Courts and Tribunals Service management’s “failure to act to address serious and significant health and safety concerns”.
Feb 12, 2021

Government backtracks on public sector exit cap

The Government has revoked the £95,000 cap on severance payments for public sector employees introduced last November after a review found that the measure had created “unintended consequences”.
Feb 11, 2021

London borough changes constitution ahead of reported move to suspend quartet of senior officers

The London Borough of Croydon changed its constitution to resolve a conflict on senior staff suspensions immediately before four such officers were reported to have been suspended.
Jan 29, 2021

Hugh James strengthens public sector employment offering with senior associate hire

Hugh James has bolstered its employment team with the hire of public services specialist Christine Bradbury as a Senior Associate.
Jan 28, 2021

Town council facing judicial review over handling of staff grievances

Three members of Andover Town Council are expected to issue a judicial review challenge against it in a complex dispute over staffing and the conduct of meetings.
Jan 26, 2021

Thirty-one Met Police officers face £200 fixed penalty after breaching Covid-19 regulations with haircut at station

A group of 31 Metropolitan Police officers are facing a £200 fixed penalty notice after breaching Covid-19 regulations while on duty, the police force has revealed.
Jan 08, 2021

Judicial review over exit pay cap regulations to be heard in second half of March

The High Court is to hear the judicial review challenge being brought by LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) over the Exit Payment Cap Regulations in the second half of March.
Jan 04, 2021

Council wins appeal over finding of negligence over personal injuries suffered by teaching assistant

A county council has won an appeal over a ruling that it was liable in negligence for personal injuries suffered by a teaching assistant.
Dec 22, 2020

High Court gives green light for judicial review over exit payment cap regulations

A High Court judge has given LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) permission to bring a judicial review challenge over the Exit Payment Cap Regulations.
Dec 21, 2020

Social landlord fined £80k after employees suffer Hand Arm Vibration Syndrome

A housing association was earlier this month fined £80,00 after four employees developed a debilitating nerve condition over a period of several years.
Dec 17, 2020

Court of Appeal allows appeal by borough council in equal pay dispute

The Court of Appeal has overturned an Employment Appeal Tribunal ruling in an equal pay case brought by female employees at Reading Borough Council.
Dec 08, 2020

Environment Agency solicitor sues garden centres business and director for libel over press release

A solicitor at the Environment Agency is suing a garden centres business and one of its directors for libel and harassment over a press release issued in the aftermath of a prosecution he brought, it has emerged.
Dec 07, 2020

Law Commission issues proposals for reforming offence of misconduct in public office

The “outdated and unclear” common law offence of misconduct in public office should be replaced by two new statutory offences of corruption in public office and breach of duty in public office, the Law Commission has said.
Nov 25, 2020

Welsh Government to consult on changes to how alleged misconduct by senior officers in local government is tackled

The Welsh Government has launched a consultation on changes to how alleged misconduct of senior officers working in local authorities in Wales is dealt with.
Nov 24, 2020

Administrative Court dismisses suggestion LGPS ‘exit credits’ claim was brought out of time

A judge in the Administrative Court has rejected arguments that claims in relation to Local Government Pension Scheme (LGPS) ‘exit credits’ was brought out of time.
Nov 23, 2020

LLG and ALACE issue judicial review proceedings over Exit Payment Cap Regulations

LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) have formally launched judicial review proceedings in a bid to quash the Exit Payment Cap Regulations.
Nov 19, 2020

Financially-troubled Croydon to ask LGA to investigate senior management actions

Senior managers at the London Borough of Croydon face investigation and potential disciplinary action as the council tries to extricate itself from a financial crisis.
Nov 11, 2020

Outgoing Commissioner for Public Appointments fires warning shot over growing political bias in appointments

Political bias in public appointments in increasing and has infuriated chairs of the bodies involved, Peter Riddell, the Commissioner for Public Appointments, has said.
Nov 04, 2020

Good Law Project and Runnymede Trust send pre-action letter over appointment of head of National Institute for Health Protection

The Good Law Project is seeking to raise £100,000 for a legal challenge to the appointment of Baroness Harding to head the National Institute for Health Protection.
Oct 29, 2020

The ICO’s new subject access guidance

The Information Commissioner’s Office has published detailed guidance on how organisations should deal with subject access requests (SARs) “effectively and efficiently”. Ibrahim Hasan looks at the key points.
Oct 27, 2020

LLG warns on erosion of rule of law, attacks inclusion of ‘pension strain’ in calculation of exit payment cap

LLG has said it is “growing increasingly disturbed by the erosion of the rule of law, the nibbling away at one of the fundamental principles that underpins democracy”.
Oct 23, 2020

LLG and chief executive groups send Treasury pre-action letter over making of regulations for exit payment cap

LLG and organisations representing chief executives and senior managers in local government have issued a pre-action protocol letter to HM Treasury over what they say are “significant legal flaws” in the proposed regulations for the exit payment cap and the process by which they have been brought thus far.

  MORE FEATURES

November 27, 2020

Can foster carers be employees?

Mark Radford looks at the question of whether or not foster carers can be employees following a recent Employment Appeal Tribunal case.
November 25, 2020

Exit pay cap regulations

What do the Exit Pay Cap Regulations do and what challenges might they present? Allison Cook and Mark Heath discuss the regulations.
November 20, 2020

Collective Consultation: Redundancies

Many employers are contemplating multiple redundancies that trigger collective consultation obligations. Mugni Islam-Choudhury and Anthony Korn provide a comprehensive overview of what employers need to do to ensure they have complied with their obligations in any collective consultation process.
November 20, 2020

Coronavirus (COVID-19) - Managing the Workplace

The following LexisNexis Employment practice note provides comprehensive and up to date legal information covering the management of workplaces during the Coronavirus pandemic.
November 20, 2020

Whistleblowing: Employment tribunal time limits and the application of the ACAS code of practice

The Employment Appeal Tribunal has held that the ACAS Code of Practice on Disciplinary and Grievance Procedures may apply to whistleblowing allegations. It has also held that the imposition of a new contract was a one-off act with continuing consequences, not an act extending over a period, write Zoë Wigan, Ceri Fuller and Hilary Larter.
November 13, 2020

When practical jokes go badly wrong

Is an employer vicariously liable for its employees’ practical jokes? Zoë Wigan, Ceri Fuller and Hilary Larter analyse a recent High Court judgment.
September 24, 2020

New equal pay guidance from the Court of Appeal

Anna Beale considers the importance of a recent Court of Appeal judgment in relation to equal pay.
September 17, 2020

Money for nothing?

Catherine Urquhart looks at the background to why sacked employees are chasing interim relief.
September 17, 2020

Employment law and Covid-19

This Employment guidance note from LexisNexis provides comprehensive and up to date legal information covering employment law issues arising from the Covid-19 pandemic.
September 10, 2020

TUPE and splitting contracts of employment

Can a contract of employment be divided between transferees following a TUPE transfer? Charles Pigott examines a recent ruling of the Court of Justice of the European Union.
August 27, 2020

Public sector exit payments and local authority restructuring

Sarah Lamont and David Kitson look at how public sector bodies can get ready for new regulations and guidance on exit payments.
July 16, 2020

Disclosure of staff names in FOI requests

Ibrahim Hasan sets out the key considerations for public authorities when an FOI request calls for the disclosure of staff names.
June 26, 2020

Asking employees to re-apply for their old jobs

Can an employer ask a redundant employee to apply for their old job? Mark Stevens examines a recent Employment Appeal Tribunal (EAT) ruling.
June 19, 2020

Pensions: the employer’s duty to inform its employees

Police Scotland was found to have failed to inform an employee of important changes to their pension scheme in a recent Pension Ombudsman case which shed light on the employer's duty of care to its employees. Alice Kinder outlines the judgment.
May 21, 2020

Holiday pay and annual leave on furlough

Debra Gers examines the government guidance on holiday pay and annual leave for employees on furlough.
May 12, 2020

COVID-19: redundancy & business planning

The government's job retention scheme currently covers more than 3 million employees which shows the scale of the challenge that businesses will face when the scheme has ended. Rebecca Mahon, Mark Alaszewski and Adam McGlynn outline best practice for businesses that may have to trigger the redundancy process.
May 06, 2020

The three p's of processing ill health retirement

In this webinar, Alice Kinder looks at the impact of two recent decisions of the pensions ombudsman concerning the ill health retirement of individuals in the Local Government Pension Scheme (LGPS).
April 16, 2020

Employment law and Covid-19

This following employment guidance note from LexisNexis provides comprehensive and up to date legal information on employment law changes caused by the Covid-19 outbreak.
April 09, 2020

Data breaches and vicarious liability: employers breathe a sigh of relief

In an important judgment, the Supreme Court has ruled that an employer was not vicariously liable for the actions of an employee who stole and then posted payroll details of his colleagues online. Ibrahim Hasan examines the ruling.
April 03, 2020

The importance of pension trustee responsibilities

Gillian McCue examines a Pensions Ombudsman ruling against Hampshire County Council for failing to carry out proper due diligence before transferring a person's benefits to a retirement scheme which turned out to be a scam.