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Can the Incoming Employer Be Liable for Pre-TUPE Misconduct?

Tuesday, 10 June 2025

Under TUPE regulations, most of an employee’s terms and conditions of employment transfer to the incoming employer. As a consequence, all the rights, powers, duties, and liabilities that the transferor (outgoing) employer holds in connection with the employee’s contract also pass to the incoming ...

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New and Improved Apprenticeship Funding Rules

Tuesday, 3 June 2025

The Apprenticeship Funding Rules for 2025 to 2026 have been revised and improved, allowing them to better support the modern needs of employers. Effective from 1st August 2025, the <a href="c...

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Maintaining Workforce While Managing Costs

Monday, 19 May 2025

Businesses are facing rising costs, such as increases to employer NIC and the National Minimum Wage, and are therefore seeking ways to increase profits or reduce losses. As the employee wage bill is generally a business’s largest expense, redundancy may seem like the best solution to reduce busin...

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The Importance of Updating Your Employment Contracts and Policies

Friday, 16 May 2025

Employers often neglect the importance and value of employment contracts and policies. If you do not keep your employment contract and policies up to date, you can face serious repercussions in the Employment Tribunal. This situation can simply be prevented by good...

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AI in the Workplace: Do Employers Need a Policy?

Thursday, 15 May 2025

Following the birth of the internet some 40 years ago, the next major technological development likely to impact businesses is artificial intelligence (AI). This technology has the ability to assess large volumes of data, identify patterns and trends, and support b...

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Preparing for Right to Work Changes in 2025

Wednesday, 14 May 2025

At present, the law requires employers to carry out right to work checks for all individuals they employ under a contract of employment or a contract of apprenticeship. Failure to do so may result in, among other things, a civil penalty of up to £60,000 per illegal...

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Does TUPE Regulation 4 Apply to Vicarious Liability?

Friday, 9 May 2025

This legal point was carefully considered by the High Court in the case of ABC v Huntercombe (No 12) Ltd and others. The claimant initiated legal proceedings in the High Court seeking damages for alleged injuries she suffered as an inpatient at a hospital operated by Huntercombe. The compa...

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ADHD Not Enough to Excuse Gross Misconduct, Tribunal Finds

Tuesday, 6 May 2025

The recent case of Forrester-Hayes v Scania GB Ltd has shed light on how employment tribunals assess dismissals where the dismissed employee had ADHD. In this case, Mr Forrester-Hayes (F-H) was employed as an apprentice in a gara...

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New Ruling on Sex Definition Raises Key Questions for Employers

Wednesday, 30 April 2025

The recent Supreme Court ruling has clarified the definitions of "man," "woman," and "sex" in the context of the Equality Act 2010. The judges unanimously ruled that a woman is defined by biological sex. This decision has immediate implications for the workplace, particularly regarding the provis...

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Indirect Discrimination and Working Arrangements for Women Employees

Monday, 28 April 2025

Can an employer’s working arrangements amount to indirect discrimination for employees who have childcare responsibilities? In Dobson v North Cumbria Integrated Care NHS Foundation Trust 2023, Mrs Dobson (D), a community nurse, had three children, two of whom were disabled. As a result, sh...

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Employer Guide to Right to Work Checks

Thursday, 24 April 2025

Employers who do not undertake right to work checks risk a 5-year prison sentence and face an unlimited fine if they knew, or had reasonable cause to believe, that an applicant does not have the right to work in the United Kingdom. This includes knowing that the person: <ul data-start="538" d...

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The Employer's Liability (Defective Equipment) Act 1969 and the meaning of equipment

Thursday, 17 April 2025

The legislation holds an employer negligent if an employee is injured in the course of employment as a result of defective equipment provided by the employer for the purpose of the employer’s business, and the defect is attributable wholly or partly to the fault of a third party (whether identifi...

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How Does the Updated Definition of a Woman Impact Employer Obligations?

Wednesday, 16 April 2025

The Question Does a transgender woman with a Gender Recognition Certificate (GRC) qualify as a woman for the purposes of the Equality Act 2010? The Answer The Scottish Supreme Court ruled that sex in the Equality Act 2010 refers to biological...

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Hospital Locum Case Highlights Employment Risk Under IR35 Rules

Tuesday, 15 April 2025

Can an individual providing personal services to customers via their personal services company, be regarded as an employee of the customer? The recent decision of the Upper Tribunal (UT) in the case of Mantides v HMRC suggests that, on the facts of...

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Employment Appeal Tribunal Reduces Award for Injury to Feelings due to Discrimination

Thursday, 10 April 2025

The Employment Appeal Tribunal overturned an award of £10,000 for injury to feelings for an act of pregnancy and maternity discrimination in the recent case of Eddie Stobart Ltd v Graham. This was on the basis that the Employment Appeal Tribunal decided that the award was manifestly excessive com...

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National Minimum Wage from April 2025

Tuesday, 1 April 2025

​The UK government announced significant increases to the National Minimum Wage (NMW) and National Living Wage (NLW), effective from April 1, 2025. <span class="relative -mx-px my-[-0.2rem] rounded-sm px-px py-[0.2rem]...

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Employer HS Duties Towards Breastfeeding Mothers

Tuesday, 25 March 2025

In the recent case of Gibbons v Vale University Local Health Board, the tribunal was asked to rule whether the hospital employer had done enough to facilitate the employee to breastfeed. The tribunal upheld her complaint of harassment. G worked as a support worker in a hos...

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Risks of Failing to Recognise an Employee's Disability

Tuesday, 18 March 2025

The Employment Tribunal has held that an employer’s termination for a substantial sickness absence record still amounted to unfair dismissal. This was because  the employer did not act reasonably towards the employee and did not recognise the employee’s disability. A dismissal simply on historic ...

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Guidance for Employers on Hand Arm Vibration Syndrome (HAVS)

Tuesday, 25 February 2025

Regular and prolonged exposure to vibration, can lead to debilitating injuries to the fingers, hands and arms, causing pain and damage to nerves, affecting blood supply, joints and muscles and eventual loss of sensation. This condition, known as HAVS, is permanent and cannot be treated. The probl...

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Are UK Businesses Looking to Freeze Recruitment and Cut Jobs?

Wednesday, 19 February 2025

With NIC and NMW rates increasing in April 2025, UK businesses are feeling the pressure. Recent surveys have indicated that many firms are planning to cut jobs, freeze recruitment, and scale back investment to manage rising costs.

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