Employment Matters - June 2020

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Employment Matters - June 2020

Published 11 June 2020

1) TUPE: are transfer-related changes to an employee's contract void if the changes are beneficial for the employee? In a landmark ruling , in which our new partner David Speakman successfully acted for the transferee while at his former firm, the EAT has held that all the changes to terms and conditions of employment which are made because of a TUPE transfer are void, not just those changes which are detrimental to the employee.

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2) Confidentiality clauses: employer was liable to make full payment under a COT3 in spite of the ex-employee's breach of the confidentiality clause. The High Court has held that breach of a confidentiality clause in a COT3 was not a breach of a condition or a repudiatory breach of an intermediate term, and the employer was not therefore exempt from the obligation to pay the settlement payment.

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3) Constructive dismissal: last straws. The EAT has held that an employee was constructively dismissed although the act that tipped him into resigning was innocuous.

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4) Redundancy: can employers use competitive application procedures in redundancy situations? In this case, the EAT considered circumstances under which it would be appropriate to use competitive application procedures rather than pooling employees and applying selection criteria.

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5) Disciplinary and grievance procedures during the pandemic. ACAS has published guidance on the conduct of grievance and disciplinary procedures during the pandemic.

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6) Furlough leave: updates on the Coronavirus Job Retention Scheme. Clarification of the agreement required to furlough under the Coronavirus Job Retention Scheme (CJRS). 

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Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Joanne Bell

Joanne Bell

Manchester

+44 (0) 161 934 3179

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

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