Employment Law Newsletter

April 1, 2012

Welcome to the Spring 2012 edition of Field Court Chambers’ Employment Law Newsletter.

In this edition, we provide guidance in our legislation update on the first tranche of amendments to Employment Tribunal procedure, as well as the doubling of the qualifying period to bring an unfair dismissal claim and updated figures on the maximum amounts for calculations of basic and compensatory awards. In the case update section, we look at the Supreme Court’s clarification of the restrictions of Johnson v. Unisys.

We also cover a number of cases on the interpretation of the TUPE Regs, looking at the types of insolvency proceedings that fall outside of Reg 8(7), the width of the definition of a “relevant transfer” under Reg 7(1), and the approach taken by Tribunals to determine whether there has been a service provision change under Reg 3(1)(b). We have summaries of two cases concerning suitable alternative employment in redundancy situations – one on when it is reasonable to decline an offer of alternative employment, and one on the ability of employers to use subjectivity in grading applicants for alternative employment positions.

Finally for the case update section, we note the stance taken by the Court of Appeal against barring-out relief in employment relationship situations. In our members’ cases section, Sami Rahman explains the effect of his recent EAT case on the employer’s requirement to make reasonable adjustments.
We hope, as always, that you find this newsletter informative, and we look forward to any feedback or suggestions for improvement