Work organisation
A model agreement to obtain an employee's permission to reclaim relocation expenses in the event that their employment is terminated within a certain period.
In Consistent Group Ltd v Kalwak and others [2008] EWCA Civ 430, the Court of Appeal remitted to a fresh tribunal the issue of whether or not Polish nationals engaged by an agency to work as meat packers for a third party were employees of the agency.
A table summarising the compensation payable for breach of the requirements in relation to fixed-term employees.
A model policy to set out your organisation's relocation assistance scheme.
Practical guidance on managing cover for long-term sickness absence.
In James v London Borough of Greenwich [2008] EWCA Civ 35, the Court of Appeal held that, in the absence of an express contract between an agency worker and the end user, a contract will be implied only where it is necessary to do so to give business reality to the situation.
In Consistent Group Ltd v Kalwak and others [2007] IRLR 560 EAT the Employment Appeal Tribunal held that polish workers recruited in Poland by the agency in question and provided with both accommodation in the UK and transport to and from work were employees of the agency. Notwithstanding express written terms to the contrary, the reality of their relationship was one of employer and employees.
In Craigie v London Borough of Haringey EAT/0556/06, the Employment Appeal Tribunal (EAT) has considered when a contract of employment can be implied between an agency worker and an end user.
In Prakash v Wolverhampton City Council EAT/0140/06, the Employment Appeal Tribunal holds that where a fixed-term contractor's dismissal for misconduct was overturned by an appeal decided after the expiry date of the contract, the effect of the successful appeal was to reinstate the terms of the original contract. It could not extend the life of the contract beyond its expiry date.
In Adeneler and others v Ellinikos Organismos Galaktos [2006] IRLR 716 the European Court of Justice has held that the objective reasons justifying the use of successive fixed-term contracts must relate to the particular employment in question.
HR and legal information and guidance relating to work organisation.