Dentons - UK Employment Law Round-up

The dangers of dismissing an employee in close proximity to a TUPE transfer

March 28, 2019

In the recent case of Hare Wines Ltd v. Kaur, the Court of Appeal considered whether the employee's dismissal on the day of a TUPE transfer for allegedly personal reasons was in fact related to TUPE and so automatically unfair.

Agency Worker Regulations: Where are we now

March 28, 2019

The use of agency workers has become increasingly prevalent in the workplace. Statistics from a recent ONS Labour Force Survey suggest that there are currently around 865,000 agency workers in the UK. This figure is expected to increase to one million by 2020. Although the Agency Worker Regulations have been in force since 2011 there have to date been very few appellate cases concerning its provisions.

EAT helps clarify when a disability becomes "long term"

March 28, 2019

In the recent case of Nissa v. Waverly Education Foundation, the Employment Appeal Tribunal (EAT) helped clarify the definition of disability under the Equality Act 2010 (EA) and, in particular, helped shed light on how "long term", which forms part of the statutory definition, should be understood.

Government proposes to tighten use of NDAs and confidentiality clauses

March 28, 2019

Non-disclosure agreements (NDAs) and confidentiality clauses have been under scrutiny recently, following the #MeToo movement. While many businesses legitimately use NDAs and confidentiality clauses to prevent disclosure of confidential business information, some employers are alleged to have sought to take advantage of these agreements and clauses and to be using them unethically in a manner intended to "silence victims".