Labour & European Law Review 10 October 2018
Earlier this month the government announced a series of measures to enhance workers’ rights around tipping, flexibility in the workplace and transparency on parental pay (…).
Under the European directive, there is a transfer of an undertaking when there is a transfer of an “economic entity which retains its identity”. In Sigüenza v Ayuntamineto de Valladolid and ors, the Court of Justice of the European Union held that a temporary suspension of the activities of an undertaking between an employee being dismissed and the appointment of another contractor did not mean there had not been a transfer (…).
Although the law says that claimants have to present their complaints to a tribunal within three months, the process of early conciliation extends the time limit by at least a month. In Miah v Axis Security Services Ltd, the Employment Appeal Tribunal held that the time limit for presenting a statutory claim, such as unfair dismissal, could not be extended by rules governing tribunal practice (…).