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Briefing Notes

Stretching TUPE to the limit: Colino Sigüenza v Ayuntamiento de Valladolid

The Court of Justice of the European Union (CJEU) has held that, contrary to the opinion of Advocate General Tanchev in December 2017, a gap of five months in an undertaking’s activities does not necessarily preclude a transfer for the purposes of the Acquired Rights Directive (2001/23/EC) (ARD). The Claimant, Mr. Sigüenza, worked as a […]

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TUPE application and insolvency

Anyone who has acquired a business as a going concern will be aware of The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and its far reaching application. TUPE legislation exists for good reason: to ensure automatic transfer of employment for employees when the business for which they are working is transferred. You cannot […]

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Immigration Update – Summer 2018

A number of changes to the Immigration Rules were set down in Parliament on 15 June 2018. The changes set out below came into effect on 6 July 2018. Changes to the Tier 2 cap for doctors and nurses The Home Office is removing the restriction on the number of doctors and nurses who can […]

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Forthcoming changes to UK Immigration Rules in April 2017

The following changes to the business immigration rules are planned to take effect in April this year: Tier 2 salary threshold increases The second stage of minimum annual salary increases announced last year will be implemented from 6 April 2017, raising the threshold from £25,100 to £30,000 for experienced workers. Applicants initially granted leave to […]

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City Sprint Courier wins recognition as a Worker

Introduction In Dewhurst v CitySprint UK Ltd, the London Central Employment Tribunal has ruled that a bicycle courier was a ‘worker’ of the firm for the purposes of the Employment Rights Act 1996, despite the contractual documents describing her as a ‘self-employed contractor’. The case is a further example of a tribunal finding that a […]

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Brexit…protecting EU employees

What you can do to protect EU Employees’ rights now that Britain has voted to leave the EU Since the release of the results of the EU referendum on 24 June 2016, EU employees are now anxiously awaiting confirmation that their right to live and work in the UK will be preserved, when Britain finally […]

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Ground-Breaking Decision – Limited Company Can Bring A Claim For Discrimination

The Employment Appeal Tribunal (‘EAT’) has held in the case of EAD Solicitors v Abrams UKEAT/0054/15/DM that a limited company can bring a direct discrimination claim. Mr Abrams was the principal shareholder and director of Garry Abrams Limited (‘GAL’). GAL was a member of EAD Solicitors limited liability partnership. A clause in the partnership agreement […]

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Employee’s Right To Carry Over Holiday When Sick

The Employment Appeal Tribunal (‘EAT’) in Plumb v Duncan Print Group Limited has held that an employee’s right to carry over holiday when on sick leave is limited to 18 months from the leave year in which it accrued. The EAT also held that the employee does not have to demonstrate that he was unable […]

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What Options Should Employers Have In Relation To Holiday Pay?

In an article first published by Lexis Nexis on 26 November 2014, Rachel Mathieson of Druces LLP’s Employment team considers employers’ options as to holiday pay. What should be included when calculating holiday pay? The Working Time Directive 2003/88/EC, art 7 (WTD) leaves member states to determine how a worker’s holiday pay should be calculated. […]

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