Articles

Here you will find all the latest news from the SCE team. In this section we will feature news about what we have been up to, recent mentions in the press, information about the work we do in the community and lots more.

Monthly Archive June 2013

Insolvent Companies, Consultation and Protective Awards

Many of you will be familiar with section 188 of the Trade Union and Labour Relations (Consolidated) Act 1992 (“TULRCA”), which defines and governs the roles of trade unions. Under this section an Employment Tribunal (“ET”) may order an employer to pay its employees a ‘protective award’ where the employer has failed to consult the employee representatives when proposing to make 100 or more redundancies.

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How enforceable are restrictive covenants?

Restrictive covenants (“RCs”) are the contractual terms restricting an employee’s activities after termination and are often critical to some employer/employee relationships, particularly where the employee concerned is senior or vital to the employer’s business. Over the last few years the courts have given them a new lease of life, though it remains a complex area of law where mistakes are frequently made both by employers and employees.

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TUPE and outstanding disciplinary appeals

No industry likes the chaos and anarchy the word TUPE brings. Most employers are aware that employees from OldCo transfer to NewCo on the same terms and conditions, however does this also mean that an employee pending an appeal from dismissal also transfers to NewCo?

The Employment Appeal Tribunal (“EAT”) recently dealt with this interesting issue in Bangura v Southern Cross Healthcare.

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Employment Law News Roundup

With so many serious changes planned to the tribunal system and employment law generally this year, it is well worth pointing out some of the key alterations that may have escaped your attention in anticipation of their being implemented via the Enterprise and Regulatory Reform Act 2013. With that in mind the following roundup provides a handy summary of what is coming into force and most importantly, when.

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