Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This briefing highlights recent...more
In this month’s instalment, our team discuss recent findings by the Employment Appeal Tribunal that employers should consult on the fairness of redundancy pools and that future claims can be waived under a settlement...more
As part of its “Smarter regulation to grow the economy” initiative, the UK government is consulting on further changes to TUPE. These include making it clear that TUPE applies to employees, not the wider category of workers,...more
Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more
Parliament returned from its summer recess in September, allowing proposals on preventing sexual harassment to progress and the right to request a more predictable contract to become law. Angela Rayner’s speech to the TUC...more
In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the...more
In Ponticelli Ltd v Gallagher, the Court of Session in Scotland decided that a share incentive plan transferred under TUPE. Even though the employee’s right to participate was not contained in his contract of employment, it...more
In this month’s instalment, our team highlights the UK’s plans to reform employment law in a post-Brexit world, with a focus on what it might mean for employers and UK employment law. We also discuss new employment...more
We previously reported on the Retained EU Law (Revocation and Reform) Bill (the “Bill”) and the uncertainty it brought for UK employers. Some recent developments from the UK government have given further clarity on what...more
Last week the UK government announced that it was planning to make changes to the Working Time Regulations and one aspect of TUPE. It has now published a consultation paper providing further detail about the proposed reforms....more
Hotfooting off its policy paper published last week, the UK Government has started consulting on how to reform rules on working time record-keeping, paid holiday entitlement, and limited aspects of TUPE consultation. It has...more
A range of new employee rights have been promised by the Government for some years. These include extended redundancy protection for pregnant workers, the right to request flexible working from day one and the right to...more
The government has announced that it will not repeal most retained EU law at the end of the year as originally planned. However, it is planning to use Brexit-related freedoms to amend some aspects of the Working Time...more
The Retained EU Law (Revocation and Reform) Bill, or “Brexit Freedoms Bill,” is moving through the UK Parliament. Bill would end the special status of Retained EU Law in the UK (those laws kept in place at the time of Brexit)...more
In this episode of The Proskauer Benefits Brief, partner David Teigman, senior counsel Nick LaSpina, and special international labor & employment counsel Nicola Bartholomew, discuss differences between asset sales in the US...more
Our April 2021 update includes a case which signals a potentially significant change in approach to TUPE transfers involving multiple transferees. We also consider a recent whistleblowing case in which it was considered that...more
Our first update of 2020 outlines key UK employment law developments over the last month. It includes cases on the definition of ‘employee’ under TUPE, the impact of a job evaluation survey in relation to equal pay, direct...more
Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more
No objection – TUPE was principal reason for dismissal - In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more
Derived from EU Directive 2001/23/EG, the German law on Transfer of Business (“TUPE”) protects employees in a business transfer situation. As a starting point, TUPE transfers the employment of affected employees from one...more
Court of Appeal: Disability Discrimination & Reasonable Adjustments - In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more
In this weeks issue: - White lies – incorrect reason for dismissal breach of trust and confidence... - Substance not form – TUPE transfer followed share sale... - Did you see that? CCTV recordings and disciplinary...more
Plus ça change… - the employment law implications of the Great Repeal Bill - The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more
In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more
In Allen & ors v Morrisons Facilities Services Limited [2013] UKEAT 0298, the Employment Appeal Tribunal (EAT) considered whether employees transferring under TUPE could bring a claim against their new employer, where the new...more