Welcome to our August edition

This summer may have brought more rain than sun, but the outlook in terms of Employment law and practice is not so gloomy. This month’s Q&A focuses on consultation. Employers will be aware that there are duties to consult employees; we gather information together to help you find your way. Our focus this month is on Lloyd-Briden -v- Worthing College, but we also bring news of cases concerning PILON clauses, restrictive covenants and the right to bring claims after the expiration of the limitation period. Finally, we report on responses to the dispute resolution consultation, the Employment Simplification Bill and the proposed increase to statutory holiday.

Focus on Age Discrimination

The Employment Appeal Tribunal (EAT) has confirmed, in Lloyd-Briden -v- Worthing College, that a tribunal is not obliged to disregard section 109 of the Employment Rights Act 1996 (ERA) on the basis that it contravened the fundamental rights and general principles of EC law. Learn more.

Q&A

1. Consultation and providing information to employees seems to be at the heart of good employment relations, but it can be confusing. When are you required to consult with employees? Consultation is indeed essential. In some cases there is a statutory requirement to consult with employees. Learn more.

2. What are the main consultation duties relating to proposed redundancies?
Where redundancies are proposed, an employer is required to disclose certain information about the proposed redundancies. Learn more.

3. Must an employer consult employees over proposed redundancies?
An employer must consult with a trade union or employee representatives if 20 or more employees are proposed to be dismissed at one place of work over a period of 90 days or less. Learn more.

4. What is a protective award for failing to consult over redundancies?
In cases where employers have failed to consult over proposed redundancies an employment tribunal can make a ‘protective award’. Learn more.

5. Now what about proposed transfers of the business?
Employees have the right to be consulted when a business or undertaking, or part of one, is transferred to a new employer. Learn more.

6. Finally, what are the rights of consultation under the Information and Consultation of Employees Regulations 1999 (ICE)?
There are a range of rights granted to employees under ICE. Learn more.

Case Round Up

Payment In Lieu of Notice (“PILON“) Clauses
The Scottish Inner House of the Court of Session has held, in the case of Morris -v- NTL Group, that a PILON clause cannot be implied into a contract of employment. Learn more.

Restrictive Covenants
The Court of Appeal has handed down a useful judgement concerning the enforceability of post-termination restrictive covenants. Learn more.

Introducing Claims outside the Limitation Period
The Employment Appeal Tribunal (“EAT“) has handed down an important judgement in the case of TGWU -v- Safeway Stores.
Learn more.

Legislation

Dispute Resolution
The Government’s consultation “Success at work: Resolving disputes in the workplace” closed towards the end of June. There are a range of responses. Learn more.

Employment Simplification Bill
In July the Government’s draft legislative program was announced. Among the proposals is an Employment Simplification Bill.
Learn more.