If you work for a business that has been acquired or are part of a team that carries out contract services that have transferred to another contract provider then you may be affected by and have rights under TUPE – The Transfer of Undertakings (Protection of Employment) Regulations 2006.
If so, you may need some legal advice in various ways. For example, under TUPE:
- Your terms and conditions of employment are preserved and protected;
- You have special protection against unfair dismissal;
- Employers must inform and consult with affected employees’ representatives about a TUPE transfer.
You may have the right to bring claims before an Employment Tribunal if your terms and conditions are changed on a transfer, if you are dismissed because of a transfer or if there has been a failure to inform and consult regarding the transfer.
TUPE is a complex area but we will clearly advise you on your rights and on any potential claims and remedies you may have with regard to a TUPE situation that affects you.
If necessary we can provide excellent representation for you at an Employment Tribunal. Alternatively, if you are parting company with your employer following or because of a TUPE transfer then we can assist you in negotiating a settlement. These are normally implemented using a Settlement Agreement.
More from the Downs Blog
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?
The WHO defines good mental health as: “a state of wellbeing in which every individual realises his or her own potential, can cope with the normal stress of life, can work productively and fruitfully and is able to make a contribution to his or her community.”
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?
Jordi Casamitjana was dismissed in 2018 by The League Against Cruel sports for gross misconduct. Mr Casamitjana, an ethical vegan, claims that his dismissal came after telling colleagues that their employer’s pension fund was being invested in companies involved in animal testing. His solicitors claimed that the decision to dismiss was made because of his beliefs around ethical veganism.