Labour & European Law Review
07 October 2015
New rules just introduced by the government mean that Sikhs no longer have to wear head protection in any workplaces.
The law says that employees are entitled to be accompanied at disciplinary and grievance meetings by a trade union representative. In Stevens v University of Birmingham, the High Court held that it was a breach of the implied term of trust and confidence to deny an employee the right to be accompanied by the representative of a professional defence organisation at an investigation meeting.
The TUPE regulations state that the contract of anyone “assigned to the organised grouping of resources or employees” being transferred will not be terminated by the transfer. In BT Managed Services Ltd v Edwards and anor, the Employment Appeal Tribunal (EAT) held that to be “assigned” to the grouping, the employee needed to actually participate in carrying-out the activities on behalf of the client either in the present or the future.