Managing employees/workers
In RCO Support Services and another v Unison and others, the Court of Appeal upholds a decision of an employment tribunal that there were relevant transfers of undertakings within the meaning of the TUPE Regulations in the form of labour-intensive cleaning and catering support activities, respectively, despite the fact that almost none of the workforce was taken on by the transferee.
In Curr v Marks & Spencer plc, the EAT holds that an employee who took a four-year break from work under her employer's "child-break scheme", after which she was re-engaged, was to be regarded as continuing in employment "by arrangement" during that period when no contract of employment subsisted.
Early retirement and enhanced benefits paid on dismissal for redundancy to employees who have reached a certain age are not "old-age, invalidity or survivors' benefits" within the meaning of article 3(4) of the EC Business Transfers Directive, even if those benefits were calculated by reference to the rules for calculating normal pension benefits, holds the European Court of Justice in Beckmann v Dynamco Whicheloe Macfarlane Ltd.
In Leisure Leagues UK Ltd v Maconnachie, the EAT holds that a payment in lieu of holiday made on termination of employment should be calculated by reference to a daily rate of pay based on the number of working days in a year (233 days), and not by the number of days in the calendar year (365 days).
HR and legal information and guidance relating to managing employees/workers.