Objection to Transfer under TUPE Ineffective

The Employment Appeal Tribunal (EAT) has held in Capita Health Solutions Ltd (Capita) v BBC and McLean [2008] UKEAT 0034/07/0105 that despite Mrs McLean objecting to being transferred to her new employer under TUPE, her objection was ineffective and her employment contract was therefore deemed to have transferred. (June 2008)

Assessing the Reasonableness of Restrictive Covenants

The enforceability and reasonableness of non-solicitation and non-dealing restrictions in relation to customers was considered in the case of WRN Limited (WRN) v Ayris [2008] EWHC 1080. This case serves as a useful reminder that the reasonableness of restrictive covenants will be assessed at the date when they were entered into and by reference to an employee’s job title when employment commenced. (June 2008)

Nursing Relatives: New Laws Award Special Rights to Employees

New laws have been enacted in Germany to protect employees with care commitments to their relatives. As of 1 July 2008, employees will have the right to claim time off to take care of their relatives, so-called “nursing leave”. While on leave, they can only be terminated in exceptional cases. (June 2008)

U.S. Supreme Court Issues Several Significant Employment Decisions as Term Ends

As the 2007 Term draws to a close, the U.S. Supreme Court has issued several employment rulings affecting pension and benefits plans. (June 2008)

Independent Research - Does the LSE Have the Solution?

On 19th May the London Stock Exchange announced the establishment of a new service, PSQ Analytics, to offer equity research on smaller quoted companies from the Autumn. (June 2008)

Bringing Employees to Work in the UK: Becoming a Sponsor

During the third quarter of 2008, the UK Border Agency plans to activate a radically different immigration system for employers bringing foreign employees to work in the United Kingdom. After this system goes live, those employers will need to be registered as “sponsors” by the Border Agency in order to continue bringing employees to the UK from outside the European Economic Area. In this update we look at what it means for an employer to become a sponsor. We also highlight effects this new system will have on business practices and employment relationships and the potential civil and criminal liabilities that are part of this new system. (June 2008)

The European Court of Justice Issues an Opinion on the Use of a Competitor’s Trademark in Comparative Advertising

For a short time in August 2004, Hutchison 3G UK Ltd (H3G) ran television, press and radio advertisements comparing O2 Holdings Ltd (formerly O2 Ltd) and O2 (UK) Ltd (O2) mobile prices against those offered by its “3” network. (June 2008)

Do Mediate, but Don’t Exaggerate

As many litigators are only too aware, there have been many cases over recent years addressing the principle that if a party to a dispute unreasonably refuses to mediate, such conduct is likely to have a negative impact on that party in any eventual costs award. (June 2008)

Time Extension for Unfair Dismissal Claims

The Court of Appeal held in Towergate London Market Limited v Harris [2008] EWCA Civ 433 that despite the expiration of the three month time limit for bringing an unfair dismissal claim, Mrs Harris was entitled to a three month extension of time under regulation 15(2) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 as she reasonably believed that a dismissal procedure was ongoing. As a result, her claim for unfair dismissal was presented on time. (May 2008)

ACAS Publishes Consultation on Draft Code of Practice on Discipline and Grievance

In anticipation of the repeal of the much maligned statutory dismissal and disciplinary procedures, the Advisory, Conciliation and Arbitration Service (ACAS) has published for consultation a revised Code of Practice on discipline and grievance. (May 2008)

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