United Kingdom, Lewis Silkin updates

Employment & Benefits

Contributed by Lewis Silkin
Pre-transfer dismissal was by reason of transfer and automatically unfair
  • United Kingdom
  • 15 May 2019

The Court of Appeal recently upheld a decision that the dismissal of an employee immediately before a Transfer of Undertakings (Protection of Employment) Regulations transfer was automatically unfair because the principal reason had been the transfer. This case underlines that even where an employer believes that it has a non-transfer-related rationale for a dismissal, caution should be exercised where it will occur close to the transfer date.

High Court construes TUPE indemnity
  • United Kingdom
  • 08 May 2019

The High Court recently considered whether a Transfer of Undertakings (Protection of Employment) (TUPE) indemnity for employment payments which fell due before the transfer date included sums whose payment dates had not yet crystallised. The case serves as a warning to practitioners when drafting TUPE provisions (eg, in asset purchase or outsourcing agreements).

Court of Appeal maintains interim springboard injunction in team moves case
  • United Kingdom
  • 10 April 2019

A recent Court of Appeal judgment is a helpful reminder of the applicable legal tests in securing an interim springboard injunction. It also identifies several practical factors that may influence the granting of discretionary remedies in the context of a team move and reminds employers facing an injunction application of the risk that the 'truth will out' if they (or their new recruits) present misleading evidence to the court.

Will Brexit frustrate your European works council?
  • United Kingdom
  • 27 March 2019

The final form of Brexit remains uncertain, as does its impact on European works councils governed by UK law. As such, employers with European works councils currently governed by the United Kingdom's European works council legislation are strongly advised to conditionally appoint a new representative agent in a state that will remain in the European Union.

Court of Appeal upholds EAT decision on Asda equal pay claims
  • United Kingdom
  • 13 March 2019

The Court of Appeal recently upheld an Employment Appeal Tribunal decision that Asda's lower-paid, predominately female retail staff can compare themselves to higher-paid, mainly male, distribution depot staff. While the facts are specific to Asda, any employer with different groups of predominantly male or female workers should review its pay practices, regardless of whether these groups work at the same site.


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