The Labour Court Mainz is currently creating quite a stir in German professional sports. For decades, it was customary and recognized by the courts that contracts of professional athletes could be limited. The Labor Court in Mainz now sees this differently. German goalkeeper Heinz Müller brought an action against his club Mainz 05. He had … Continue Reading
In the case of Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (“EAT”) confirmed that flexibility clauses in employment contracts which seek to give employers the right to make unilateral changes to the contract’s terms will be interpreted restrictively against employers. In reaching its decision, the EAT overturned an Employment Tribunal’s … Continue Reading
From 1 September 2013 new and existing employees can now give up certain employment rights in return for shares in their employer. We take a look at some of the matters employers will want to consider when deciding whether to make use of this new status.… Continue Reading
Zero-hours contracts have been in the news a lot recently. We take a look at their legal status, and consider the pros and cons of their use for both employers and workers.… Continue Reading
It has been a busy few weeks with several new interesting employment cases being reported – here is a quick round up of a few that caught our eye: There is yet another warning to employers on the importance of getting that contract drafting just right, as Blackburn Rovers found out to their cost (that … Continue Reading
Today we take a brief look at a couple of interesting employment law cases from the last two weeks: Anderson v London Fire and Emergency Planning Authority shows us how not to draft a pay review clause, and HM Land Registry v McGlue looks at when aggravated damages in discrimination cases might be appropriate.… Continue Reading
The Chancellor of the Exchequer, George Osborne, has announced plans to introduce a new type of employment contract – an ‘owner-employee’ employment contract. ‘Owner-employees’ will receive between £2,000 and £50,000 worth of shares (which will be exempt from capital gains tax) in exchange for giving up certain rights, including redundancy rights, the right to claim … Continue Reading
The Employment Appeal Tribunal (EAT) has provided guidance on when the expiry of a fixed term contract will count toward the number of dismissals proposed by an employer that triggers collective redundancy consultation obligations. The EAT held that employees who were dismissed by virtue of the expiry of their fixed term contracts were not … Continue Reading
In this alert we outline the main changes in UK employment law this October. The most notable piece of legislation coming into force this October is the Agency Workers Regulations 2010, but there are quite a few possible changes afoot. These include a forthcoming increase to the qualifying period for employees to bring unfair dismissal claims from … Continue Reading
This post was also written by Carl de Cicco. The Agency Workers Regulations 2010 (“AWR”) are due to come into force on 1 October 2011. The AWR put in place the requirements of the controversial EU Temporary Agency Workers’ Directive, which has to be implemented by 5th December this year. Last week, rumours circulated in the media … Continue Reading
The Court of Appeal has ruled that an employee subject to a contractual disciplinary procedure, who was dismissed for misconduct in breach of that procedure may, in principle, recover damages for loss of future employment prospects. The case of Edwards v Chesterfield Royal Hospital NHS Foundation Trust represents a significant departure from decades of established … Continue Reading
In Bateman and others v Asda Stores Ltd, the Employment Appeal Tribunal (EAT) upheld an Employment Tribunal’s decision that Asda was entitled to introduce new pay terms without its employees’ consent because it could rely on a statement in its staff handbook reserving a right to make unilateral variations to the terms of its employees’ … Continue Reading
