Ian Smith recommends a stiff drink & a towel around the head before plunging into the latest cases on TUPE, fair dismissal & enhanced compensation
- Holiday pay: the effect of bankruptcy and an award of ‘interest like compensation’.
- Breakdown of trust and confidence as a form of fair dismissal.
- TUPE transfers and the right to object: a reappraisal.
We enter 2025 with the medium-term prospect of the Employment Rights Bill grinding its way through Parliament (with cries of ‘anti-business disaster’ from one side and ‘betrayal’ from the other), and the short-term reality of new Employment Tribunal Rules of Procedure (largely repeating the present ones, but with the delightful prospect for Harvey editors of changes in their numbering), which came into force on 6 January. The cases considered here are a fairly typical mixture of the sort that we tend to get across the employment law spectrum, each of which is significant in its own area. The first concerns the effect of bankruptcy on a holiday pay claim and how an employment tribunal (ET), in
