David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.
In Foreningen af Arbejdsledere i Danmark v Daddy's Dance Hall A/S (Daddy's Dance Hall)  IRLR 315 ECJ , the ECJ held that the provisions of the Acquired Rights Directive are mandatory and "therefore independent of the will of the parties" to the employment contract, although post-transfer variations may be agreed that are permitted by national law "in cases other than the transfer of an undertaking".
Definition from the XpertHR glossary.
The Employment Appeal Tribunal has held that the fact that a claimant had worked under an illegal contract did not prevent her from claiming sex discrimination.
David Malamatenios is a partner and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that, where there is no express term in a contract of employment that the employer will pay the employee for any accrued but untaken flexitime on his or her departure, there is no need to imply such a term into the contract.
In DLA Piper's case report, the Employment Appeal Tribunal allowed the appeal of a Church of England minister whose claims for unfair dismissal and suffering a detriment following the making of a protected disclosure were struck out at a pre-hearing review on the basis that he was not an employee or a worker.
Practical guidance on employing an individual on a fixed-term contract, including the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002; recruiting temporary workers; break clauses; successive fixed-term contracts; and expiry of the fixed-term contract.
Colin Makin, Krishna Santra, Linda Quinn and Sandra Martins are senior associates and Melissa Powys-Rodrigues is an associate at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to contracts of employment.