Employment Bulletin – December 2013
Read the latest copy of our Employment Bulletin addressing Tupe and Insolvency
Business Employment
Firm stops ex-employees using its confidential information
A publishing company has been granted an injunction preventing former employees from using its confidential information including its customer databases. The issue arose when three of the company’s senior employees resigned to set up a rival business. The company suspected that the employees had set up their new enterprise before resigning. It then alleged that
New minimum wage rates come into effect
The new National Minimum Wage (NMW) came into effect on 1 October. These are the main changes: The adult rate increases by 12p to £6.31 an hour The rate for 18-20 year olds increases by 5p to £5.03 an hour The rate for 16-17 year olds increases by 4p to £3.72 an hour The apprentice
Pub manager compensated for depression caused by dismissal
A pub manager has been awarded compensation for the depression she suffered after being unfairly dismissed. The case involved a husband and wife who were employed together to manage a large pub. They lived on the premises with their four children. They worked there for just over a year when the employer became dissatisfied with
Overtime payments ‘should count towards holiday pay’
An employment tribunal has held that overtime payments should count when calculating holiday pay as long as the extra hours are “intrinsically linked” to the employee’s overall work and duties. The judgment brings the UK closer to EU law in relation to the Working Time Regulations. The employee at the centre of the case, Mr
Driver compensated for ‘golliwog’ comments aimed at colleague
A black driver has been awarded £27,000 compensation after he became upset at hearing a colleague being called racist nicknames. Roy Morgan worked for a fruit and veg wholesale company inGloucester. He was not subjected to direct racism himself but often heard his colleague, Brian Ennis, referred to by other workers as ‘golliwog Brian’ and
TUPE: are new employers bound by outside pay agreements?
TUPE regulations protect the interests of employees when their employment is transferred from one organisation to another. But to what extent should the new employer be bound by future national, collective pay agreements over which it has no control or influence? The Court of Justice of the European Union (CJEU) has decided that it would
Woman scarred by hot tea awarded £15,250
A woman has been awarded £15,250 compensation after hot tea was spilt on her in a restaurant. The 21-year-old Chinese university student had visited the restaurant with some of her classmates. A waiter was carrying a tray of hot tea when he was knocked by another member of staff. Some of the tea spilt on
Mother of sex offender compensated for unfair dismissal
A teaching assistant who was sacked because she wanted to remain in contact with her sex offender son has been awarded £28,000 in compensation for unfair dismissal. Tracy Hodgkinson’s son was jailed in May 2010 for sexual offences with a girl under 14. He was 18 at the time. Ms Hodgkinson says she was dismissed
Firm stops employee revealing confidential information
An insurance firm has been granted an injunction preventing a former employee from revealing some of its valuable and confidential information. The court heard that the employee had been unhappy at the firm for some time before she finally handed in her notice. During her employment she had sent confidential documents to her personal email