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13 September 2018 / Ian Smith
Issue: 7808 / Categories: Features , TUPE , Employment
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Employment law brief: 13 September 2018

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Testing, testing, one two three: Ian Smith rounds up a trio of cases which could echo through the courts in the coming years

  • When is an agency-supplied worker in fact ‘permanent’?
  • The right to be accompanied & the law of unfair dismissal
  • What is an ‘administrative transfer’ in TUPE law?

Three very specific points of interpretation arose in the cases in this month’s brief:

  1. When is someone apparently an ‘agency worker’ deprived of that status (and hence its statutory protection) because they are considered ‘permanent’?
  2. What is the relationship between the specific statutory right to be accompanied at a disciplinary hearing on the one hand and the general law of unfair dismissal (especially the requirement of a fair procedure) on the other?
  3. When is a TUPE transfer negated because the transaction in question came under the exception for an ‘administrative transfer’?

These are all relatively small points in the greater scheme of things, but what they have in common is that they could all be legally determinative in cases (admittedly rare) where they arise.

Permanent, temporary, or just short-term?

Four

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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