News

The CV-Library team supports Tom Avery as he takes part in Help for Heroes’ Big Battlefield Bike Ride (BBBR) this June.

TEAM are pleased to announce a new member.

The Department for Business Innovation and Skills (BIS) has released a consultation document, 'Consultation on Modern Workplaces'.

New TEAM Member

Following the release of the Agency Workers Regulations Guidance The Department for Business Innovation and Skills (BIS) have commented, "TEAM have been a very useful partner throughout the consultation period.” “We have done our best to take on board the views of all industry constituents and our on-going discussions with TEAM and others throughout this process has been a very important part of that process.”

Representatives of employee and employer groups are due to resume their debate over potential amendments to the Working Time Directive in the coming months. However, the exact areas for discussion have yet to be agreed.

In the recent case of Wang v University of Keele UKEAT/0223/10, the Employment Appeals Tribunal (“EAT”) held that contractual notice runs from the day after notice of termination is given to an employee (unless the employee’s contract of employment provides otherwise). The EAT held that this principle applies to both written and verbal forms of notice.

An employee working in the UK illegally may be prevented from relying on contractual and statutory employment rights. For example, it is against public policy to allow a claim for unfair dismissal. However, the position in respect of discrimination claims is not so clear cut. Such a claim will only be barred for illegality where it arises out of, or is inextricably linked with, the employee's illegal conduct so that the tribunal could not permit the employee to recover compensation without appearing to condone that conduct.

In the case of Brandeaux Advisers (UK) Ltd and others v Chadwick, the High Court held that an employee who sent large amounts of her employer's confidential information to her private e-mail address was in repudiatory breach of contract and the employer was therefore entitled to dismiss her without notice. The court doubted that the possibility of litigation with an employer could ever justify an employee transferring or copying confidential documents.

The Draft Guidelines are now available for comment. Here is the link to the draft Agency Workers Regulations, which is now available for comment until Friday April 15.