Failure to supply agency worker information during TUPE and redundancy consultations

A local authority broke the law when, during consultation on a redundancy exercise and two TUPE transfers, it failed to provide enough information to unions on the agency workers it used. This resulted in it having to pay significant protective awards to affected employees (although see Update note below).
Unison v London Borough of Barnet

No need to request annual leave while off sick

Adding some clarity to a troublesome area of the law, the Court of Appeal has confirmed that a worker who is on long-term sick leave does not need to request to take statutory leave under the Working Time Regulations in a particular leave year in order to either carry it over until they return to work, or be paid for it on termination.
NHS Leeds v Larner

Right to replacement annual leave applies regardless of when incapacity for work arises

In yet another case on the issue of overlapping holidays and sickness, the ECJ has held that a worker who is sick during paid annual leave can interrupt the annual leave and take it at a later date - irrespective of whether the sickness started before or during the annual leave.
Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA)

Reference highlighting unsubstantiated allegations was not unfair

A reference which referred to negative reports and unsubstantiated allegations about an employee was not negligent because it had been made clear to the prospective employer that the issues raised about the employee were allegations only which had not been investigated.
Jackson v Liverpool City Council

Employment status of agency worker

There was no contract of employment between an agency worker and an employment agency where the agreement between them showed no intention to create an employment relationship and there was a lack of control and mutuality of obligation.
Secretary of State for Business, Innovation and Skills v Studders

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Tuesday, 14 April 2015

Understanding the fundamentals of behaviour change

Recent research in psychology, behavioural economics and even psychotherapy is all pointing towards one fundamental rule of behaviour change - context matters. Organisational psychologists have found that contextual factors (what happens in the workplace outside the training or coaching room) are actually more important in ensuring development happens than the quality of the training, workshop or coaching. 

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