Our employment lawyers are experienced in advising on all aspects of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”), whether it applies as part of a business sale, an outsourcing arrangement or in insolvency situations.
A key aspect of TUPE is ensuring that you comply with the information and consultation requirements. Failure to comply can lead to tribunal claims for 13 weeks’ uncapped pay for each affected employee. Under the rules, except in the case of micro employers, employers are required to elect employee representatives to whom information regarding the transfer must be provided. Employers are also required to consult with the employee representatives where measures are envisaged related to the transfer which will affect employees.
Awards for failure to inform and consult under TUPE are “joint and several” between the Transferor and the Transferee so, whether you are the seller or buyer in a transaction or the outgoing or incoming contactor in an outsourcing situation, you are potentially exposed to compensation claims if there is non-compliance by either party.
We will work with you to ensure you can navigate your way through the regulations and minimise the risk of becoming exposed to expensive claims.
We can also advise on the employee liability information requirements laid down in TUPE to ensure you are compliant.
Further, we can advise on post TUPE issues and any changes you may or may not be able to make regarding the terms and conditions of employment of the staff that you have acquired. Generally speaking, under TUPE employees’ terms and conditions of employment are preserved and they enjoy special protection against dismissal. However, there may be scope for you to make structural changes if you can demonstrate there is an “economic, technical or organisational reason entailing changes in the workforce”. We have extensive experience in these issues and can safely guide you through the potential minefield of TUPE compliance.
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At the press conference on the 5th July, the Prime Minister announced the relaxation of the regulations on the 19th July subject to a review of the latest data on the 12th July. If the regulations are relaxed, then employees will be able to return to the office on the 19th July.
The Government’s roadmap identified that until England reached Step 4 of the Roadmap, employees should work from home where they can. As we are aware Step 4 has been delayed from 21st June to 19th July 2021 and therefore, employers should continue with home working wherever possible until the 19th July.
British Gas has been in the media over recent weeks due to the “fire and rehire” approach with their employees.
I own a start-up which grew very quickly and a few years ago I hired in a couple of senior personnel to help run the business. After 5 years, one of these senior hires is now leaving the business and going to a company which isn’t a direct competitor but operates in a very similar field.
When shared parental leave was introduced in 2015, one of the concerns was whether an employer would need to offer enhanced shared parental leave pay if the employer provided enhanced adoption and/or maternity leave pay.
The Department for Business, Energy & Industrial Strategy undertook a report into domestic abuse and the workplace. The report identified that the number of domestic abuse cases had increased during the pandemic and that 1 in 5 victims of domestic abuse had time off work. Sadly, research found that few employers were able to identify the signs of domestic abuse and/or had policies or procedures available to help support survivors.
As the UK eagerly tuned in to the most anticipated Budget for a generation, many were left wondering what the Chancellor’s traditional “rabbit out of a hat” might contain - especially as several big measures had been announced beforehand.
19 February 2021. The UK Supreme Court has issued its judgment in the highly anticipated case of Uber BV v Aslam, in which the key issue was the employment status of Uber drivers. The ruling reinforced the findings of earlier legal challenges (most recently the Court of Appeal in 2018), which found that Uber drivers are workers and not self-employed.
Recent news reports indicate that some employers are considering making it compulsory for their staff to have a Covid vaccination. Is this a lawful, or even sensible, move by employers?
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In April of each year, the Government increases statutory payments that are payable to workers and employees.
Under new government guidance, you should work from home if you can effectively do so. However, some employers may ask their employees to return to work whilst restrictions are in place - particularly if it is not reasonable to carry out that work at home. For those who are concerned about health problems, or juggling childcare, where do you stand in the eyes of the law?
The third lockdown in England legally came into force on 6 January 2021. How long it will last is uncertain. At least until mid-February and possibly until late March. Vaccination provides a route out of the pandemic, but businesses need to survive this final and possibly longest of the lockdowns.
During these uncertain times, it is good to know you can count on us.
Even after the recent Government announcement of another national lockdown we remain open for business and are here to help you.
On Thursday 5 November 2020, the Chancellor announced that the furlough scheme is to be extended until the end of March 2021. During this period you will be able to claim up to 80% of an Employees salary up to a cap of £2500.
The Chancellor announced over the weekend that the Coronavirus Job Retention Scheme (CJRS) that was due to end on 31st October will be extended until 2nd December. The level of support available under the extended scheme will mirror that of what was available under the CJRS in August, with the Government paying 80% of wages up to a cap of £2,500.
The Chancellor announced on Thursday 22 October that the Government contribution to employers’ wage costs under the Job Support Scheme (JSS) will be increased. Employers will be expected to pay 5% of the cost of unworked hours instead of the 33% originally announced.
Back in the summer the Chancellor announced that employers could receive a one-off payment of £1,000 for every employee who had previously been furloughed under the Coronavirus Job Retention Scheme provided they remained continuously employed to the end of January 2021. Businesses will be able to claim the Job Retention Bonus from 15 February 2021 and the Government has stated that further guidance will be provided by the end of January 2021.
With new government guidance on Covid coming into force today and the current furlough scheme coming to an end next month, as expected, the Chancellor has today announced a new scheme to help businesses.
As Covid-19 cases continue to climb, the UK faces ever tougher restrictions. But, with the furlough scheme winding down, what rights do employers and employees have when returning to work?
Barclays Bank has withdrawn a system that monitored employees’ computers, tracking individual working patterns and how much time each day was spent on breaks. Details of the pilot project came to light after a Barclays whistle blower reported it to a newspaper.
From 6 April 2020 there will be changes to the minimum written terms that must be provided to employees AND the timing of when these terms must be provided to them. These terms are known as Section 1 statements, referring to Section 1 of the Employment Rights Act 1996 (ERA).
Downs Solicitors is pleased to play a small part in helping to raise awareness of a new and important piece of employment law that is coming into force in April 2020. The Parental Bereavement Leave and Pay Regulations will be known as Jack’s Law. This is in memory of Jack Herd who died in 2010 and whose mother, Lucy, has campaigned tirelessly ever since for mandatory leave for grieving parents.
One of the big focuses in recent years has been on flexible working and how it has changed the concept of a “normal” working day. From challenging the norms of 9-5 working to commuting time counting as working time, there’s no doubt that the new decade could bring a new shape of working – but what does that mean for business leaders and their HR teams?
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With the General Election looming on 12th December what are the main parties saying in their election manifesto's on workers' rights. David Seals, Head of Employment, takes a look at the key messages.
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Valentine’s Day has gone for another year, but it got us thinking about the consequences of romance in the workplace, for both employees and employer.
Right-to-work checks and dismissal have always posed a challenge to employers. Recent inconsistent Employment Appeal Tribunal (EAT) judgments have exacerbated the difficulties. What is an employer to do? Head of Immigration, Samar Shams recent article in the Employment Law Journal goes back to basics and extracts the most important lessons from the muddled judgments.
To follow up on a couple of recent news stories relating to flexible work, for employers thinking of adopting change, you will also need to know how to effectively manage a more flexible workforce.
It seems the debate about “working hours” rages on. We recently wrote a blog about how working hours have changed and that people are moving towards much more flexible models.
Despite Dolly Parton's smash hit, it seems that just 6% of working people are sticking to the traditional 9-5 shift pattern, according to a recent survey by YouGov.