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TUPE: Assignment issues

An employee who was permanently incapacitated wasn’t “assigned” to a grouping for TUPE purposes, so said the Employment Appeals Tribunal (EAT) in BT Managed Services Ltd v Edwards and anor. The employee, Mr Edwards, had been off work for six years. There were no reasonable grounds for believing he’d return to work in the future, […]

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Prejudiced by association

  The ECJ rules that indirect discrimination by association is unlawful Summary Section 19 of the Equality Act won’t be sleeping easily at the moment.  It’s the part of the Equality Act which deals with indirect discrimination.  (It describes this as occurring where a person (A) discriminates against another (B) by applying to B a […]

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Here’s an interest-ing way to get what you’re due!

  Are you claiming all the interest to which you’re entitled on overdue payments from your business customers? Contractual interest The Late Payment of Commercial Debts (Interest) Act 1998 (the Act) adds an implied term to most business-to-business contracts for the supply of goods or services, giving you the right to claim 8.5% a year interest […]

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First thoughts on the 2015 Budget

Pros and cons for small businesses as you’d expect. Corporation tax is to be cut to 19% in 2017 and 18% in 2020 and National Insurance contributions (NICs) for small firms will fall with a £3000 employment allowance from 2016. Will this be sweet enough to businesses to offset… The new National Living Wage? … […]

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In time we may get clarity on holiday pay calculations. Right now, overtime’s still in the mix – guaranteed or not

We understand that the Court of Appeal in Northern Ireland has decided in Patterson v Castlereagh Borough Council that a worker’s voluntary overtime could, in principle, be included when calculating his or her holiday pay. The earlier industrial tribunal (IT) in Northern Ireland had determined that voluntary overtime (i.e. overtime that the employer isn’t obliged […]

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Energy Performance Certificate ratings below E = Headache for Landlords

  Landlords, it’s time to isolate your risks and insulate your investments! Why? Because the MEES are coming. Yes, that’s MEES; not mice – although both could impact on your property and cause you headaches. Regulations have been made to introduce the Minimum Energy Efficiency Standards (the MEES). They’re part of the Government’s plans to […]

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