The Supreme Court has ruled that employees are not entitled to claim contractual damages for the manner of dismissal, whether in relation to a breach of an express disciplinary policy or breach of the implied term of trust and confidence. Where there is the potential for findings of misconduct to cause reputational damage and therefore … Read more

The House of Representatives has passed the Employment (Amendment) Bill 2011 (the Bill). The Bill must still be passed by the Senate and receive Royal Assent before it will become law, however it is expected that these steps will occur in due course.  The Bill, once enacted, will amend the Employment Act 1955, to provide … Read more

"The inclusion of clawback and malus provisions in scheme designs and executive contracts is a recognised way to prevent executives receiving rewards that are undeserved. Shareholders expect to see such provisions included in relevant arrangements and for them to be enforced when appropriate." ABI Principles of Remuneration, September 2011 Clawback provisions are becoming increasingly common in … Read more

If you are a Tier 2, 3 or 4 firm, there is now less than one month to go to complete your Remuneration Policy Statement (RPS) as required by the FSA Remuneration Code. By 31 December 2011, you will need to have met with your Remuneration Committee (or equivalent body) to gain the necessary approvals … Read more

The EAT has ruled for the first time that the service provision change provisions of TUPE cannot apply where the client to whom services are being provided changes at the same time as the change in service provider. This ruling is good news in particular for purchasers of property portfolios.  Until now the cautious approach … Read more

The ECJ has confirmed that Member States can lawfully require carried over statutory holiday to be taken within the following 15 months or else be extinguished, agreeing with the opinion of its Advocate-General issued in the summer (KHS v Schulte, ECJ).  Employers must hope that the Government chooses to use this option when amending the … Read more

The last month has seen a raft of government proposals for changes to employment laws.  Details were included in a speech made by the Business Secretary Vince Cable on 23 November, BIS's Response to the Resolving Workplace Disputes consultation, and the Chancellor's Autumn Statement. Changes confirmed for April 2012 Changes confirmed but with no date … Read more

A Court of Appeal ruling means that employers may face equal pay claims brought in the High Court as a breach of contract claim even though a tribunal claim would be out of time. Equal pay claims can be brought either in the employment tribunal (subject to a six month time limit) or as a … Read more