In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) held that employment tribunals have no jurisdiction to entertain freestanding claims by transferred employees against the transferee for its failure to provide the transferor with information about the measures that it envisages it will take in relation to the transferring employees.
David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.
The European Court of Human Rights has held that UK laws that prohibit secondary or "sympathy" industrial action do not violate art.11 of the European Convention on Human Rights, which covers freedom of assembly and association.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.
Victoria Bell is managing associate and Gerri Hurst, Carly Mather and Andrew Nealey are associates and Eleanor Cittern is a trainee solicitor at Addleshaw Goddard LLP.
In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the ECJ held that "dynamic" clauses in contracts of employment that refer to collective agreements negotiated and adopted after the transfer are not enforceable against a transferee that has not been able to participate in the negotiating process.
The Employment Appeal Tribunal (EAT) has held that the words "at one establishment" should be deleted from s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
In DLA Piper's case of the week, Anderson and others v London Fire & Emergency Planning Authority, the Court of Appeal considered whether or not uncertain wording in a collective agreement allowed an employer to give staff a lower pay increase than in previous years.
Amanda Steadman is a professional support lawyer, and Joe Beeston, Laura Garner, Helen Samuel and Dinu Suntook are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal has provided guidance on how tribunals should assess protective awards where an employer has breached its obligation to inform and consult on a TUPE transfer.