Labour & European Law Review
25 February 2015
With only eight weeks left to go, Acas is advising parents with babies due on or after 5 April 2015 to start talking to their employers now if they want to take advantage of the new shared parental leave scheme (SPL).
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) state that employers must tell appropriate representatives the reasons for any proposed transfer. In LLDY Alexandria Ltd v Unite the Union and anor, the Employment Appeal Tribunal (EAT) held that employers must provide all the reasons for the transfer, not just some of them.
When considering whether discrimination is a proportionate means of achieving a legitimate aim, the Employment Appeal Tribunal (EAT) held in Burdett v Aviva Employment Services Ltd that tribunals must provide clear reasons in complex and sensitive cases when balancing the needs of the employer against those of the employee.