Managing employees/workers
In Todd v Strain and others [2011] IRLR 11 EAT, the EAT held that the duty to give employee representatives information about a forthcoming transfer applies even where there are no measures being proposed that give rise to a duty to consult the representatives. Informing individual employees rather than representatives did not amount to compliance with the information requirements, but should have led the tribunal to award less than the maximum compensation of 13 weeks' pay.
Employers faced with an employee who has been convicted of a criminal offence outside work must look at all the circumstances and still follow their usual disciplinary procedure before making a decision to dismiss, as this tribunal judgment shows.
A model unauthorised absence policy, which deals with action on first day of absence, action on second day of absence, further action after second day of absence, disciplinary action and unauthorised annual leave.
In Wood v Caledon Social Club Ltd and another EAT/0528/09, the EAT held that a TUPE transfer arose even though the business had temporarily ceased operating at the time of the transfer.
In Shackletons Garden Centre Ltd v Lowe EAT/0161/10, the EAT held that an employment tribunal had insufficient evidence for its finding that an employee returning from maternity leave suffered indirect sex discrimination when her employer required her to work weekend shifts on the same basis as the other sales staff.
HR and legal information and guidance relating to managing employees/workers.