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The Employment Rights (Increase of Limits) Order 2011 SI 2011/3006 - in force 01/02/12
Statutory Material - 19/12/11
The annual increases in employment tribunal award limits, with effect from 1st February 2012
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Key2Law (Surrey) LLP v De' Antiquis - transfer by administrator is not excluded from effect of TUPE
Cases - Other - 20/12/11
The appointment of an administrator is always, at the time of appointment, primarily for the purpose of rescuing the company - whether or not that proves possible. The administration is therefore not analogous to insolvency proceedings, and a transfer of the business by the administrator will never fall under TUPE Reg 8(7) - therefore a TUPE transfer of liabilities will take place. This "absolute approach" should be followed instead of the "fact-based approach" previously advocated in Oakland v Wellswood.
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The President of the Methodist Conference v Preston (formerly Moore) - methodist minister can be (and in this case was) employee of church
Cases - Other - 20/12/11
The relationship between a Methodist minister and the Methodist church can be one of employment. Authorities to the effect that the spiritual nature of such a relationship gives rise to a rebuttable presumption against there being a contractual relationship (such as Parfitt) should no longer be followed: the law has evolved and there is no basis for concluding that a minister's spiritual role in any way precludes an intention to create a contractual relationship which can be one of employment.
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Ahmed & Others, Pannu & Others, Grace v Geo W King (in liquidation) & Others - provision of goods, and TUPE "SPC" transfers
Cases - Employment Appeal Tribunal - 21/12/11
A TUPE transfer by way of a Service Provision Change can only occur when what the organised grouping of employees provides is a service: it does not cover the situation where what that group of employees mainly supplies are goods.
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Balfour Beatty Engineering Services v Allen - should all faults - even negligence - of advisers always be affixed to late claimants?
Cases - Employment Appeal Tribunal - 24/10/11
When deciding whether a late claim, that could not be reasonably practicably presented in time, was presented within such further period as was reasonable, the principle that an advisor's errors will be affixed to a claimant still applies. However, the nature of the error must be established - it might even be that in rare cases even negligence is not fatal to the question of "reasonable period", as it undoubtedly would be to "reasonably practicable".
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Public Service Pensions
Other Official Documents - 20/12/11
Heads of agreement in place in public sector pensions dispute
www.emplaw.co.uk
Part of the Nova group
Part of the Nova group
