bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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BTO produces blogs on a regular basis.  Please search for the topics of interest to you.

213 articles found.

Page 40 of 43

Managing absence – Don’t leave it to chance

04 November 2015

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.

Employees who are temporarily laid off can still transfer under TUPE

30 September 2015

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.

Winding up and TUPE – Flying high?

22 September 2015

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.

Companions at disciplinary hearings

21 August 2015

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?

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