HMRC is changing the way that termination payments are taxed. Previously (subject to some caveats) one would expect the first £30K to be tax-free, and pay-in-lieu-of-notice (“PILON”) payments to be subject to tax only where there is a contractual entitlement to them. From 6 April 2018, some termination payments – or at least, some parts […]
The case of Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 is – understandably – drawing a large amount of commentary, primarily because of the treatment of the familiar test in British Home Stores Ltd v Burchell [1980 ICR 303. This blogpost will focus on the Burchell issue. Reilly v Sandwell The Appellant, Ms […]
Did the EAT err in law in finding that a member of an LLP who acts “reasonably” in withdrawing his labour will not, as a matter of law, act wrongfully or in repudiatory breach of the LLP members’ agreement, and accordingly may be awarded losses flowing from a subsequent expulsion pursuant to the terms of […]
In the recent decision in Okedina v Chikale UKEAT/0152/17/RN the EAT (HHJ Eady QC) considered the question of when a Claimant’s contract of employment would be said to be illegal by virtue of the operation of immigration law. The case contains a useful rehearsal of the relevant legal principles (para 35 – 41 of the […]
Introduction This is a brief round-up of reported TUPE cases from 2017 – perhaps not the most exciting year for TUPE enthusiasts. From my point of view, the most interesting cases are Born London Ltd v Spire (from March, dealing with provision of information); Tees Esk and Wear Valleys NHS Foundation Trust (also March, dealing […]
When considering whether a dismissal is an automatically unfair “whistleblowing” dismissal, is it permissible to consider the mental processes of anyone other than the decision-taker? In particular, what if the decision-taker was “manipulated” by another of the Respondent’s employees? “No (in the circumstances)”, said the Court of Appeal in Royal Mail Ltd v Jhuti [2017] […]
When is an employer liable for the criminal actions of a rogue employee in disclosing personal information of co-employees on the web? That was the question raised in Various Claimants v Wm Morrisons Supermarket Plc [2017] EWHC 3133 (QB) (click here for the judgment). Facts In early 2014 a rogue employee had posted a file […]
The decision of the CJEU in King v Sash Windows C-214/16 CJEU has been widely reported and discussed. Mr King had worked for a considerable period of time- years, rather than months – without taking holiday. He had worked for a 13-year period but had been afforded the facility for exercise of the right to […]
Pump Court Chambers is delighted to announce that Ezra Macdonald has joined Chambers following successful completion of his pupillage. Ezra has a mixed practice, with a primary focus on personal injury and employment law. He has experience of a broad range of court advocacy, including in the Employment Tribunals, the Employment Appeal Tribunal, the County […]