December 2011 - Update

There have been some interesting cases and developments towards the end of 2011, which we have summarised below – if you have any queries on these or any other issues, please contact the GQ team on 0203 375 0330 or at gq@gqemploymentlaw.com.

The team at GQ Employment Law would like to wish you a Merry Christmas and a Happy New Year.

Staying Employment Tribunal Proceedings

The recent EAT case of Paymentshield Group Holding Limited v Halstead has extended the principle that cases should not proceed concurrently in an employment tribunal and the High Court even where a claim has not been lodged in the High Court. Read more...

FSA Remuneration Code Update

There have been some developments on two key topics - guaranteed bonuses and publication of pay information. Read more...

TUPE - Common Sense Prevails

Smith and others v Trustees of Brooklands College related to a situation where, following a TUPE transfer, the employer and transferred employees agreed to change the contractual rates of pay. Read more...

Sickness Absence - Less of a Headache?

According to the employment tribunal judge in Adams v Harwich International Port Ltd the Working Time Regulations 1998 can enable workers to carry over their statutory annual leave entitlement to the next leave year (including the 1.6 weeks’ additional leave provided by the Regulations) where they have been unable or unwilling to take it because of sickness. Read more...

Taking a Bribe is Bribery

The courts have made their first conviction under the Bribery Act. Read more...

Equality in the Boardroom

The Financial Reporting Council has announced changes to the UK Corporate Governance Code. Read more...

You’re Definitely Fired

In CF Capital v Willoughby the Court of Appeal confirmed that an employee who was given clear and unambiguous notice of termination on the employer’s mistaken understanding that she would accept a move to self-employed status was still dismissed and the employer could not subsequently withdraw its notice. Read more...

A Free Rein to Victimise? No

In NHS Manchester v Fecitt and others the Court of Appeal decided that an employer cannot be liable for its employees victimising a whistleblower. Read more...