Welcome to the May edition.
In this month's release you will find articles covering TUPE and changes to terms and conditions, Holiday pay and series of deductions and much more.
Click the links below to access the full articles:
Lack of protection from detriment for participating in strike action breached Article 11
Following the Supreme Court's decision, employers will have to tread carefully when dealing with employees who are involved in strike action.
Prohibition of on-site prayer rituals did not breach pupil's Article 9 rights
The High Court held that the school's ethos, which promoted integration between pupils from different faiths, cultures and ethnic backgrounds, meant that any interference would have been justified.
TUPE and changes to terms and conditions
The Employment Appeal Tribunal's decision highlights the importance of a transferee having a valid ETO reason in place if it wishes to vary the contractual terms of a transferring employee.
Holiday pay and series of deductions
While no firm guidance was provided, the Employment Appeal Tribunal noted that there will always be gaps between periods of holiday and these should be taken into account when looking at whether a series of deductions has been broken.
Whistleblowing detriment and decision-making on manipulated facts
While it is possible to look behind the reasons of a decision-maker if they are based on manipulated facts in a whistleblowing dismissal claim, the same principle does not apply to a claim for whistleblowing detriment.
Call for evidence on reform of fit notes
The government is seeking to gain a better understanding of how it can enable those with long-term health conditions to access timely work and health support.
A report has recently been published on generative artificial intelligence (AI) and how it can be managed, and a draft AI Bill has been produced by a taskforce commissioned by the TUC.
The Employment (Allocation of Tips) Act 2023 and the Code of Practice will now come into force on 1 October.
