Today the UK Government confirmed that it intends to cap public sector exit payments. Powers to introduce the cap will be included in the Enterprise Bill and associated regulations.
In the case of Monmouthshire County Council v Harris Mrs Harris and her employer had, following Occupational Health advice, agreed to allow her to adopt a pattern of working from home during early mornings and late afternoons and to reserve Fridays for administration, again working from home. Following a change in manager, her working pattern was no longer supported and she was asked to return to her original plan. She went off work ill and did not return.
The Employment Appeal Tribunal in Inex Home Improvements Ltd v Hodgkins and others (i) recently considered the effect temporary lay offs have in connection with a relevant transfer under TUPE. The law states that for a service provision change to occur, there must, immediately before the change in service provider, be an organised grouping of employees situated in Great Britain which has as its principal purpose the carrying out of activities on behalf of the client.
The Employment Appeal Tribunal (EAT) has recently considered the applicability of TUPE to a situation involving a majority shareholder which takes control of a subsidiary’s commercial activities after the subsidiary is wound up. This is not a new situation but does serve as a useful reminder of the potential applicability of TUPE and its consequences.
Employees have a limited statutory right to bring a “companion” to a disciplinary or grievance hearing – a colleague or authorised representative of a trade union. The contract of employment or disciplinary policy might allow others to attend, outwith that category. But can there ever be an obligation on the employer to allow a companion who is not permitted by the legislation or the relevant policy?