TUPE: Service provision change
In this case, the EAT decided that there could be a service provision change where only part of the activities performed by the outgoing contractor were transferred to the new service provider.
Published 4 April 2016
This has been a busy month, with important cases on the provision of childcare vouchers during maternity leave and age discrimination in the context of PHI schemes. In an interesting disability discrimination case, the EAT decided that the dismissal of an employee could not be direct discrimination where the decision maker was not aware of the disability.
Two cases show the courts taking stock of where the law of vicarious liability has got to so far. For employers who operate discretionary bonus and commission schemes, a case this month showed that courts may be increasingly willing to scrutinise the employer's exercise of discretion. There are several key changes to employment law coming into force in April 2016, and the government has announced increases in national minimum wage rates effective from October.