Category Archives: Uncategorized

Eweida – WTF?

Here’s a link to the WTF HR micro-sumamry of the case of Eweida v UK. Now with added undead.

Settlement: The wrong question

Most litigation settles. The parties reach an agreed compromise and move on to more productive pursuits. It is rare, therefore, for me to be asked to advise on proceedings without being asked about whether settlement should be explored. In this post I want to touch on a single issue: I find clients consistently ask the […]

Bankers’ Bonuses: The EU acts

What is proposed? The proposals are not a cap in the traditional sense because there is no fixed maximum amount that someone affected by the proposals will be entitled to earn. The proposed rules will require that the ratio of basic salary to bonus should not exceed 1:1. In other words, the value of the […]

The Dynamic Do-over: The Advocate General looks at Alemo-Herron

What’s the point of the TUPE? Other than terrorising HR professionals and inspiring books as good as this one, that is? Its essential function is simple: to protect the employment and the terms and conditions of employees affected by a change in the ownership of the undertaking they work in or (for now at least) […]

CPD for Charidee

What’s the idea? I come to visit you (or vice versa if it’s easier for you) and deliver a seminar. Anyone attending collects CPD points. In return you make a donation to either FRU or Adoption UK (or, if you want, a little bit to each). I’m prepared to travel (within reason) throughout the UK […]

Witness Statements 7 Deadly Sins

For those of you prepared to bear the sight of a magnificent set of jowls and a grating nasal tone … here are some thoughts on Witness Statements:

Terrifying Chins Unleashed in Manchester

This is a short interview I gave at the CIPD conference in Manchester about where witnesses go wrong in Tribunal cases. I can’t explain why I am wearing my poppy around my midriff.

BIS hides their hand again

One of the key passages in the BIS Second Statement of New Regulation contains one or two “drafting errors”. It now reads: “[The Government has] Consulted on changes to employment law that will give business the confidence to take on staff. We are proposing to increase the qualifying period for employees to be able to […]

Reasonable Adjustments for Disability

Reasonable Adjustments – The Origin and Scope of the Duty 1. The idea which underpins the duty to make reasonable adjustments is “mainstreaming”. The idea is to compel those under the duty to remove, wherever reasonable, the obstacles that hinder the involvement of people with disabilities in mainstream employment. 2. The duty is set out […]

Constructive Dismissal, Swords, Shields and Grumpy Toddlers

What binds lawyers together is that we are all afflicted with a similar way of thinking. Whilst we like to talk in high-falutin’ terms of “legal-reasoning” and “jurisprudence”, the truth is that we are really in thrall to a toddler’s model of fairness. If you are a lawyer then, like me, you probably spent much […]

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