Monthly Archives: February 2015

Collective redundancy – what is an “establishment’?

The Advocate General of the European Court of Justice (ECJ) has now issued his opinion on the meaning of “establishment” for the purpose of determining when collective redundancy applies in the linked cases of Usdaw & Wilson v Woolworths and … Continue reading

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Holiday Pay Update – Backdating claims will be capped at two years

We reported that Unite had confirmed that it would not be appealing the Employment Appeal Tribunal judgement in Bear Scotland Ltd v Fulton and Others (see https://devonshiresemployment.com/2014/11/06/eat-decide-on-overtime-and-the-payment-of-holiday-pay/). The government has added further clarity to the situation by introducing the Deduction … Continue reading

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Age Discrimination – Changes to terms and conditions justified

The Employment Appeal Tribunal (EAT) has held in Braithwaite and ors v HCL Insurance BPO Services Ltd and another case, that an employer’s decision to impose new terms and conditions was not unjustified indirect age discrimination. The claimants transferred to … Continue reading

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