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Enterprise and Regulatory Reform Bill 2012
Statutory Material - 23/05/12
The Enterprise & Regulatory Reform Bill was first laid before Parliament on 23rd May 2012, and contains some major changes to existing legislation and procedures.
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Beecroft report on employment law
Other Official Documents - 21/05/12
The Department for Business, Innovation and Skills has published the final "Beecroft Report" on employment law.
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The Procter & Gamble Company v Svenska Cellulosa Aktiebolaget SCA & Anor - TUPE and early retirement benefits
Cases - Other - 14/05/12
Pension rights in the form of "benefits for old age, invalidity or survivors" are not rights that transfer under TUPE. However, a right to early retirement benefits (even discretionary ones), to the extent that they are payable on dismissal and prior to, and up until, normal retirement age are an exception to that rule, and therefore do transfer under TUPE
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AQ Ltd v Holden - failure to seek earlier PHR or strike out properly tells against success in costs application
Cases - Employment Appeal Tribunal - 16/04/12
In considering, and rejecting, an application for costs on the basis that a claim was vexatious, an employment tribunal is fully entitled to take into account the fact that the respondent (who now seeks costs) took no steps during the proceedings to seek a PHR to canvass the point, apply for a strike out or a deposit order.
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Fairbank v Care Management Group, Evans v Svenska Handelsbanken AB - curtailing an ET1
Cases - Employment Appeal Tribunal - 20/03/12
An Employment Judge does not have the power to make an order effectively curtailing the scope of the claim contained within an ET1: other methods, such as perhaps striking out irrelevant paragraphs, should be used to manage the case.
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Cartwright v Kings College London - when does time that could be taken to remedy procedural deficiencies start?
Cases - Employment Appeal Tribunal - 30/04/12
There is no rule that an employment tribunal is obliged to assume that an employer could only even start to remedy procedural deficiencies on or after the date of dismissal. It may be that the employer could have remedied the problems within the time it allowed for such procedures as it followed - each case will be fact specific.
